Dewhirst v. Leopold

Appeal from a judgment awarding respondent damages in the sum of two thousand, one hundred dollars for personal injuries sustained by reason of being struck by an automobile operated by appellant August Adolph Leopold. The action was dismissed as to Emma Leopold, his wife, and the fictitious defendants. The injury was inflicted September 23, 1915, and the action was not tried until six and a half years thereafter.

Respondent, a mechanical engineer, suffered a fracture of the left arm near the shoulder by being struck by an automobile operated by appellant. The arm became infected and a…