Western Express Co. v. Smeltzer

ALLEN, Circuit Judge.

Appeals from judgments based on jury verdicts in three personal injury actions which arose out of the same facts and were consolidated for trial. The actions were instituted by representatives of one party killed and two injured in the acci dent, who for convenience will be referred to herein as appellees. The court directed a verdict for three of five joined defendants, and later granted a motion requiring appellees to elect against which of the two remaining defendants they should proceed. Appellees elected to proceed against appellant, and the action as to Delmar…