Hartkopf v. Elliott

* NOTE: Opinion filed at May Term, 1936, August 20, 1936; motion for rehearing filed; motion overruled at September Term, November 17, 1936. Action for damages for personal injuries. We shall refer to appellant and respondents, respectively, as plaintiff and defendants. At the close of plaintiff's evidence the court gave peremptory instructions directing verdicts in favor of each defendant. Plaintiff thereupon took an involuntary nonsuit with leave to move to set the same aside. Such motion was duly filed and was overruled and plaintiff appealed.

Defendant Elliott owned an apartment building…