Wurster v. Armstrong

Kenworthey, J.,

Opinion by

In this negligence case plaintiff secured a verdict against John R.. Yockey and appellant jointly. Judgment was entered on the verdict against Yockey from which no appeal was taken. This appeal is from the refusal of appellant’s motions for judgment n.o.v. and for a new trial. Since we have concluded that the motion for judgment n.o.v. should have been granted, it will be unnecessary to discuss the motion for new trial.

Appellant operated a three story department store in Oil City. Yockey occupied a portion of the third floor where he sold electrical appliances. On May…