Ebding v. Foster

This action was brought by William J. Ebding and wife against Lee Foster and wife to recover damages arising out of an injury to one of Mr. Ebding’s eyes while he was in the employ of the defendants. A jury rendered a verdict for the plaintiffs. The court granted a judgment notwithstanding the verdict and made an alternative order granting a new trial. The plaintiffs have taken an appeal. We shall refer to the respective husbands as though they were the only parties to the action.

The factual situation, viewed most favorably to the claims of appellant, is substantially as follows: In 1943,…