Fitzpatrick v. Sheppard

Opinion by

Mr. Justice Parker,

This action in trespass was brought by Mary E. Fitzpatrick against Martha L. Sheppard and Dr. Robert P. McCombs. Shortly after suit was begun Mary E. Fitzpatrick died and her administratrix was substituted as plaintiff. When the case was tried the jury found a verdict against Martha Sheppard and a verdict for the defendant Dr. McCombs. Plaintiff and defendant Martha L. Sheppard filed motions for a new trial. A new trial was granted as to each defendant and Dr. McCombs has appealed from the granting of a new trial as to him.

At the threshold we are presented with…