Shutt v. Kaufman's, Inc.

The parties appear here in the same order as they appeared in the trial court. Kaufman’s, Inc., was a defendant below. At the conclusion of the evidence, the defendants’ motion to dismiss was granted by the trial court as to Kaufman’s, Inc., and denied as to Wohl Shoe Company. The plaintiff joined in the motion as to Kaufman’s, Inc. Although it was designated a defendant in error and its name was carried throughout the error proceedings and on the briefs, Kaufman’s is not a proper party in the proceedings here.

Plaintiff’s claim is for damages for personal injuries, the result of being struck…