Brown v. McCullough

This action was instituted to recover for the death of the plaintiff’s intestate, which, it is alleged, resulted from the combined negligence of the defendants. At the conclusion of the plaintiff’s case, the complaint was dismissed as to McCullough and thereafter a verdict was rendered by the jury in favor of the plaintiff against Gurney. The plaintiff appeals from the judgment dismissing the complaint as against McCullough. The defendant Gurney appeals from the whole judgment.

We find no error in the judgment in favor of the plaintiff against the defendant Gurney. We are further of opinion…