Jacoby v. City of Gillette

OPINION

These two cases come here by direct appeal proceedings from the District Court of Campbell County upon one record, having been tried together to the court without a jury. All the litigants through their respective counsel have stipulated that the causes should be consolidated in this court for all purposes including abstracting, briefing, argument and determination. An appropriate order has been entered here agreeable to this stipulation.

As regards the matter of liability of the respondent, The Town of the City of Gillette, both cases rest upon the same facts. The specification of…