Young v. Wilky Carrier Corporation

FAKE, District Judge.

This case was tried by the court on stipulation waiving the right to a trial by jury. The judge found on ample evidence that there was negligence in the case and adjudicated damages accordingly. No issue however as to negligence per se is involved on this appeal. The errors alleged are limited to two underlying issues:

First: It appears that one Earl L. Welty had been served and brought in as a party defendant with the Wilky Carrier Corporation and before the commencement of the trial, Judge Kirkpatrick signed an order dismissing the suit as to Welty. This action of the…