Anderson v. Kemp

SIMPSON, Justice.

This is an appeal on the record from a judgment rendered in favor of the plaintiff and against the defendants. Appellant here was the plaintiff below. The original complaint, and the complaint as last amended, contained two counts wherein the plaintiff claimed damages for injuries received while riding as a passenger in a City Cab Compiany taxicab, against the City Cab Com-’ pany, and its driver, Dan Rather Strother, the Kemps, partners doing business as Kemp’s Garage, and Kemp’s driver James Hibbler.

On the day of ’trial, prior to the striking of the jury, -a pro tanto…