Davis v. Childers

This case presents a procedural problem calling for a construction of section 50(2) of the Civil Practice Act. Ill. Rev. Stat. 1963, chap, 110, par. 50(2).

The plaintiff, Richard H. Davis, brought this action to recover damages for personal injuries suffered when the rear of his car was struck by another vehicle. This vehicle was owned by the defendants, Earl D. Childers and Hugh Feeney, who are partners, and was being driven by Childers on partnership business. The jury returned a verdict for the defendants. Upon the plaintiff’s post-trial motion the trial judge ruled that as a matter of law…