Butenshon v. SHOESMITH

The plaintiff, E. M. Butenshon, sued the defendant and appellant, Ivan A. Shoesmith, and the defendant, Beldon Hall, to recover damages for personal injuries suffered by the plaintiff when he was struck by an automobile operated by the defendant Hall. There was a verdict and judgment against both defendants from which Shoesmith alone has appealed.

The sufficiency of the evidence of Hall’s negligence is not disputed. The only question for our consideration is whether there is any substantial evidence in the record which would authorize a finding that, at the time of the accident, Hall was the…