Szabo v. Tabor Ice Cream Co.

'LEVINE, J.

In the'brief of counsel for defendant in error, we are informed that the trial court acted on the added ground that the accident was caused by the carelessness of the plaintiff’s father. A perusal of the record fails to disclose any negligence on the part of Szabo, the driver of the truck in which the child was riding as a passenger. In his testimony he attempted to state on several occasions that he thought that the defendant’s truck was moving when he first saw it ,a distance away. The court refused to let him make that statement. We are of the opinion that the court was in…