Posey Ex Rel. Posey v. Krogh

Burr, Ch. J.

These actions are an outgrowth of the same automobile accident, and by stipulation of the parties were tried together under an agreement to have separate verdicts and separate judgments entered.

Separate verdicts were rendered in favor of the plaintiffs and separate judgments entered. The defendant made a motion for a directed ver diet at the close of the plaintiffs’ case, renewed it at the close of the entire case and made a motion to dismiss — such motions being denied by the court and the defendant has appealed.

One issue is determinative of both cases. As respondent says:

“These…