Edwards v. Martin

In this action recovery is sought for personal injuries sustained by Carl E. Edwards in an automobile accident and for medical expenses occasioned by such injuries. Jack Martin, Jr., Clyde Evans and Martin Reiser were made defendants. During the trial plaintiffs dismissed their action as to Evans and Reiser. A jury returned a verdict for Carl E. Edwards in the amount of $15,000 and for Elvis W. Edwards in the amount of $1,310.50. Motions for judgment notwithstanding the verdict and for a new trial were denied and judgments entered on the verdicts. The defendant, Jack Martin, Jr. appeals from these judgments. The grounds for reversal urged by defendant are (1) that the plaintiff was guilty of contributory negligence as a matter of law and (2) that the trial court erred (a) in ruling that the testimony of his co-defendants, Evans and Reiser, called as witnesses under section 60 of the Civil Practice Act [Ill. Rev. Stats. 1953, ch. 110, § 184; Jones Ill. Stats. Ann. 104.060] was admissible against the defendant, or in the alternative (b) in denying defendant an opportunity to cross-examine or examine Evans at the conclusion of his examination by plaintiffs under section 60 of the Civil Practice Act.