Cherry v. North Side Trucking Co.

Plaintiff sues for damages to his automobile which was lawfully parked close to the sidewalk. The damage was caused by a combination of circumstances in which both defendants were involved.

Plaintiff called as two of his witnesses defendant Morio, who was driving his own car, and the chauffeur of the trucking company’s car. Each put the blame upon the other. Upon motion of counsel, who appeared for both defendants, the complaint was dismissed as to the defendant Morio, apparently on the ground that plaintiff was concluded by Morio’s evidence that the fault was the trucking company’s. It would…