#### Albert Kozak, Appellee, v. Western Iron Company et al., Appellants.

Gen. No. 19,831.

(Not to be reported in full.)

Appeal from the Superior Court of Cook county; the Hon. Charles A. McDonald, Judge, presiding. Heard in this court at the October term, 1913.

Reversed and remanded.

Opinion filed October 13, 1914.

Statement of the Case.

Action by Albert Kozak against Western Iron Company, Joseph Ulrich, Carrie Ulrich and others to recover damages for personal injuries sustained plaintiff by falling from a scaffold supported by trestles in a street. The accident was caused by a wheel of a wagon striking one of the trestles. To reverse a judgment against the defendants, Western Iron Com*307pany, Joseph Ulrich and Carrie Ulrich, said defendants appeal.

Abstract of the Decision.

Judgment, § 193 * —when joint judgment cannot be sustained. A judgment against joint defendants cannot be sustained where the evidence is insufficient to sustain a verdict against one of the defendants.

Joel C. Carlson, for appellants.

Frank S. Burgess and Edward Maher, for appellee.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Baker

delivered the opinion of the court.