Gerber v. Schutte Investment Co.

Plaintiff by his amended petition sought to recover $25,000 damages for personal injuries. On motion of defendant (a lessor), and a third-party defendant (a lessee who had undertaken to protect the lessor from liability), the petition was dismissed with prejudice and judgment rendered against plaintiff. But the trial court granted a new trial, and defendant and third-party defendant have appealed.

The grounds assigned by the trial court for sustaining the motion for a new trial are,

"1. Because the court erred in holding that plaintiff's petition was insufficient to state a cause of action.

"2.…