Hoelzel v. Chicago, Rock Island & Pacific Railway Co.

This is a second appeal. The action was for personal injuries, brought by the plaintiff against the above-named railway company and its engineer, Carden, and its fireman, Williams, as defendants. The verdict and judgment went against the three defendants and they appealed. On that appeal this court (337 Mo. 61, 85 S. W. (2d) 126) reversed the judgment and remanded the cause with directions.

After the remand the circuit court, on motion of plaintiff, entered a judgment dismissing the cause as to Carden, and entered judgment against the two remaining codefendants on the former verdict. The…