Holtz v. Fogarty

Harold Holtz, William Fogarty, and one Mc-Givern left Kenosha in the early morning of March 21, 1954, for a tavern about eight miles south of Kenosha. When they left the tavern for their return to Kenosha plaintiff took the wheel and drove the car until he was stopped by an Illinois police officer. From that point and until the time of the collision Fogarty drove the automobile. During the trial Fogarty was asked by his counsel what happened when the car was stopped by the Illinois police officer. Plaintiff’s counsel, ap parently assuming that Fogarty was expected to recite the substance of a…