#### Fay Levitan, Appellee, v. Chicago & Western Indiana Railroad Company, Appellant, and Chicago City Railway Company and Calumet & South Chicago Railway Company.

Gen. No. 22,882.

(Not to be reported in full.)

Appeal from the Circuit Court of Cook county; the Hon. Charles M. Walker, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1916.

Reversed and remanded.

Opinion filed October 9, 1917.

Statement of the Case.

Action by Fay Levitan, plaintiff, against the Chicago & Western Indiana Bailroad Company, Chicago City Bailway Company and Calumet & South Chicago Bail-way Company, defendants, to recover damages for personal injuries sustained by plaintiff while a passenger on a street car belonging to defendant Chicago City Bailway Company, due to a, collision between such car and a railway train of defendant Chicago & Western Indiana Bailroad Company. From a judgment for $2,500 for plaintiff, defendant Chicago & Western Indiana Bailroad Company appeals, defendants Chicago City Bailway Company and Calumet & South *387Chicago Railway Company having prosecuted a separate appeal, for which see Gen. No. 22,934, ante, p. 384.

Abstract of the Decision.

Appeal and ebbob, § 1793 * — when judgment reversed against all joint defendants. Where a judgment against three defendants is reversed as to two of the defendants, it must likewise be reversed as to the third defendant.

This cause of action arose out of the same accident involved in the cases of Kittier v. Chicago & W. I. R. Co., 203 Ill. App. 439, and Levitan v. Chicago City Ry. Co., 203 Ill. App. 441.

Worth E. Caylor, for appellant.

Edward J. Green and A. H. Banes, for appellee; Barry F. Brewer, of counsel.

*

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

Mr. Justice McDonald

delivered the opinion of the court.