Rocca v. Steinmetz

The respondent D. H. Steinmetz moves the court to dismiss the appeal herein on the ground that no appeal lies from a judgment against one of two tortfeasors before the final trial on the merits of the action.

The action is against D. H. Steinmetz, the father, and D. H. Steinmetz, Jr., his son, for an injury alleged to have been caused by the carelessness of the son in recklessly and negligently driving an automobile off the road and down an embankment whereby one Marguerita L. Rocca, mother of William Roeea, was killed, she being at said time a passenger in the automobile and a guest of said…