Czarnetzky v. Booth

Counsel for appellants claim that (1) the motion of defendant Curtis for a nonsuit should have been granted and the action dismissed as to him because under the evidence Booth was not the servant of Curtis but of the paving contractor; and (2) the action should be dismissed as to Booth because he was not negligent and because the plaintiff was guilty of contributory negligence; that (3) if the action be not dismissed as to both defendants a new trial should be granted for errors on the trial in (a) rejecting evidence offered by the defendants; and (b) for errors in the instructions given by…