Manthey v. Kellerman Contracting Co.

In the foregoing cause here for determination, there is involved the proceeding on appeal between the same parties, numbered 25777, as a matter incidental and subsequent to this cause. By agreement and order the later proceeding has been consolidated with this for hearing and determination. The relation of the two is such that the facts, and the questions raised in the incidental proceeding are made matters preliminary to the determination of this appeal.

This is a suit for personal injuries, wherein the jury returned a verdict in favor of the defendant. The trial court sustained plaintiff's…