Bates v. Utech

WILLIAMS, Justice.

This is an appeal from a judgment of the court below, sitting with a jury, in an action wherein plaintiff, defendant in error herein, sought to recover from Claude Bates, Jr., administrator of the Estate of Phillip J. Yahner, deceased, plaintiff in error herein, damages for personal injuries which allegedly occurred as a result of Yahner’s and one Jones’ negligence. The parties herein will be referred to as they appeared below, i. e., defendant in error will be referred to as plaintiff and plaintiff in error will be referred to as defendant.

In his petition below, plaintiff…