Bertha Belle Tolley v. Engert

CABANISS, P. J., pro tern.

This appeal from an order denying appellant’s motion for a new trial as to both respondents is one of two taken in the same action, the other appeal by defendant, Pickwick Stage Company, having been this day determined (Tolley v. Engert, ante, p. 439). For the reasons stated in that opinion the cause should be remanded for a new trial—that is to say (and this we add to avoid misunderstanding), as to both defendants in view of the form of the verdict returned in the case.

Appellants complain that. several instructions were erroneously given to their prejudice, and…