Feitl v. Chicago City Railway Co.

I cannot concur in the opinion of the court, in so far as it is held that the judgment should be affirmed notwithstanding the erroneous admission of the testimony of Pett, • the motorman. The reason given is, that had the evidence, exclusive of Pett’s testimony, been submitted to the jury, they could not reasonably have rendered a verdict for the plaintiff. But the case ivas not submitted to the jury on that evidence, but on all the evidence; and the verdict of the jury was on all the evidence, including the very material evidence of Pett. There has been no trial and no verdict on the…