Hemminghaus v. Ferguson

[482]

ELLISON, J.

The plaintiff (appellant) Hemminghaus sued the defendants (respondents) Ferguson and Markland in the circuit court of the City of St. Louis for $20,000 damages allegedly sustained by him in an in-line collision of three motor vehicles: defendant Markland’s pickup truck; plaintiff’s automobile; and defendant Ferguson’s automobile. The jury returned a verdict for $2000 against both defendants. The trial court set it aside as to defendant Mark-land and rendered judgment for him notwithstanding the verdict. Sec. 120, Civil Code, Laws Mo. 1943, p. 389; Sec. 847.120 Mo., R. S. A.…