Woschenko v. C. Schmidt & Sons, Inc.

The opinion of the court was delivered by

Oliphan't, J.

This appeal brings before us for review a judgment rendered by a jury at the Cumberland Circuit of the former Supreme Court awarding damages in a negligence case against both defendants.

The essential question presented is whether, assuming negligence on the part of both defendants, the proofs were sufficient to present a jury question as to whether the negligence of either or both was a proximate cause of the accident.

Plaintiff attended a christening party given by one Zatzariny on the night of September 25, 1943, at a public hall in…