Johnson v. Samuelson

Shepherd, District Judge.

The first trial of this case resulted in a verdict of $13,098 in favor of Johnson, plaintiff, and against Samuelson and Olson, defendants; and the second resulted in a verdict for $11,033. The first was set aside by the trial court because of surprise. The second, duly rendered upon retrial, was followed by the judgment from which the defendants Samuelson and Olson appeal to this court.

*298Following an order of affirmance without opinion, a rehearing was granted upon application duly made and the case was reargued. The case is a damage case in which Johnson sued Samuelson…