Kellogg v. H. D. Lee Mercantile Co.

— This is a suit for personal injuries. For convenience, we .will refer to the parties as plaintiff and defendant. The plaintiff first joined as defendants H. D. Lee Mercantile Company, a corporation, and trustees of the Chicago, Milwaukee, St. Paul & Pacific Railroad Company, but later dismissed as to the defendant railroad company, and the cause was tried against the Lee Mercantile Company alone, resulting in a verdict for the plaintiff in the sum of $2000. Appeal was perfected to this court in due course. The defendant did not introduce any evidence and is urging but one point on the…