Bruening v. Miller

This action is based on negligence. At the close of plaintiff’s case the court, on motion, dismissed the action against the defendants Frank Miller, Fritz Miller, and Richard W. 'Clark; also the counterclaim of said defendants against plaintiff. From these orders no appeal was taken and they are not involved in this appeal.

Thereafter the court, on motion of the other three defendants, directed a verdict in their favor upon all the issues. From a judgment on this verdict, and from an order denying a new trial, plaintiff has appealed. The only question presented is the correctness of this…