Eimer v. Miller

Plaintiff brought an action against Frank Miller, Christie Miller, Frank Cushna and Elmer Schumacher to recover damages for personal injuries. Before the trial Frank Miller died and the suit was dismissed as to him and as to Frank Cushna. The case was tried before a judge and a jury and on June 2, 1928, there was a verdict finding the defendants, Christie Miller and Elmer Schumacher, guilty and assessing plaintiff’s damages at $9,500. • Plaintiff and defendants each entered a motion for a new trial and on June 9 defendants’ motion was withdrawn, plaintiff’s motion was allowed and a new trial…