Pearson v. Gardner Cartage Co.

I concur fully in the syllabus, in the judgment and in the reasoning of Judge Turner’s opinion in support thereof, but I deem it proper to state the reasons for my concurrence in allowing in this proceeding the motion of Hauserman company to strike as against it'Pearson’s assignment of error.

Pearson, as plaintiff, sought a joint judgment in a tort action against both defendants. On motion, there was a judgment for the defendant Hauserman company at the close of plaintiff’s case and a verdict of the jury for the defendant Gardner Cartage Company. There was one motion for a new trial as against…