Parker v. Nelson Grain and Milling Co.

This case presents questions of dual capacity and actionable negligence. Plaintiff suffered personal injuries by the act of another Wildbahn by name, who, plaintiff contends, was a vice-principal, but who, defendant argues, was at the time acting in the capacity of a fellow servant. At the close of plaintiff's case, defendant offered an instruction in the nature of a demurrer which the trial court marked "given" and was about to read to the jury. Thereupon plaintiff took a nonsuit with leave, and filed a timely motion to set aside the nonsuit, and for a new trial. The court sustained this…