Misner v. Hawthorne

*280The opinion of the court was delivered by

Harvey, C. J.:

This was an action for damages for personal injuries in which the defendants demurred to plaintiff’s evidence. This was tentatively overruled, with a final hearing upon it reserved. The trial resulted in a verdict for plaintiff for $4,750. Thereafter demurrers were argued and sustained and judgment rendered for defendants. Plaintiff has appealed from the ruling and judgment. The defendant insurer has filed a cross-appeal. We will deal first with plaintiff’s appeal.

The facts disclosed by the record may be summarized as follows: Plaintiff’s…