#### Berz Company, Appellee, v. Peoples Gas Light & Coke Company, Appellant.

Gen. No. 23,567. (Not to be reported in full.)

Abstract of the Decision.

1. Automobiles and gabaqes, § 6 * —what Constitutes fatal variance in action for injury to automobile. Where plaintiff alleged ownership of a certain automobile, in an action to recover damages for injuries to same by a collision with defendant’s automobile, and offered proof showing ownership in another, held that the variance was fatal to a recovery, notwithstanding there was no plea denying ownership in plaintiff.

Appeal from the Municipal Court of Chicago; the Hon. Dennis W. Sullivan, Judge, presiding.

Heard in this court at the October term, 1917.

Reversed with judgment of nil capiat.

Opinion filed January 28, 1918.

Statement of the Case.

Action by Berz Company, a corporation, plaintiff, against Peoples G-as Light & Coke Company, a corporation, defendant, to recover damages for injuries to plaintiff’s ambulance automobile from a collision with defendant’s automobile. From a judgment for plaintiff for $750, defendant appeals.

Meagher, Whitney, Ricks & Sullivan, for appellant; Oliver R. Barrett and Francis L. Daily, of counsel.

Finían H. Welch and William J. Lacey, for appellee.

*

See Illinois Notes Digest, Yols. XI to XV, and Cumulative Quarterly, game topic and section number.

*

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

Mr. Presiding Justice Holdom

delivered the opinion of the court.

*3052. Automobiles and garages, § 6 * —what is effect of owners of cars being in pari delicto. Where the parties, in an action to recover damages for injuries to plaintiff’s automobile from a collision with defendant’s automobile, are in pari delicto, the law will not afford either of them relief.