Rosales v. Marquez

MR. PRESIDING JUSTICE DEMPSEY

delivered the opinion of the court.

This is an appeal by the plaintiff from a judgment entered in favor of the defendant in an action brought under the Dram Shop Act. The sole question to be decided is whether the trial court erred in not permitting a witness to testify who was called by the plaintiff.

On the evening of August 9, 1957, the plaintiff Ricardo Rosales and a friend were seated in a tavern owned by the defendant, Peter Marquez. During the evening Rosales was struck in the face by a man named Tommie Martinez. Rosales testified that Martinez had been…