Pronnecke v. Westliche Post Publishing Co.

DAUES, P. J.-

— -This is an action by Frank "Weiss for personal injuries alleged to have been sustained while in the employ' of defendant. During the pendency of the appeal Weiss died and the cause was revived in the name of Louis C. Pronnecke, Administrator. There was a trial before the court and jury, resulting in a verdict for plaintiff. The lower court sustained defendant’s motion for' new trial on the ground that the court erred in not giving defendant’s instruction in the nature of a demurrer to the evidence." After appropriate motions, plaintiff appeals.

Plaintiff seeks a recovery on the…