Anderson v. Hawthorn Fuel Co.

Hilton, Justice.

In a common-law action for negligence plaintiff had a verdict for $10,025 against the fuel company and Fred Hammel. The trial court thereafter ordered judgment notwithstanding the verdict for both defendants. The order granting judgment to the company was reversed on appeal (198 Minn. 509, 270 N. W. 146) and the verdict reinstated as to it. Counsel stipulated that the judgment in favor of Hammel should abide our decision on the former appeal, and pursuant to the terms of their stipulation this judgment has also been vacated and set aside. The present appeal is taken by the…