La Lone v. Smith

This is an action to recover damages for personal injuries received when plaintiff was assaulted by an employee of defendants. The employee was named in the complaint as a party defendant but was never served with process, and, upon plaintiff’s motion, the court at the beginning of the trial dismissed him from the action.

After the close of the testimony, the court took the case under advisement and later filed a memorandum decision in favor of plaintiff. Subsequently, the defendants’ motions for judgment notwithstanding the decision or for a new trial were heard and denied. Findings of fact…