Nicholson v. Dean

Smith, Executor, is the appellant. Plaintiff did not appeal.

The court instructed the jury: “If you answer the first issue, ‘No,' then that ends the lawsuit.” Appellant assigns as error the quoted instruction. Appellant also assigns as error (a) the acceptance of the verdict and (b) the portion of the judgment denying, his right to recover from Dean. These assignments, relating to the; failure of the jury to answer the fourth issue, will be considered together.

Plaintiff, in her action to recover for personal injuries, and ap--pellant, in his action to recover for Scarborough’s injuries and…