Srednick v. Sylak

Opinion by

Mr. Justice Linn,

Two of these appeals are from an order granting a new trial; the third is from the refusal of judgment n. o. v. The suit was brought November 10, 1938, and is governed by the sci. fa. acts in effect at that time and not by the Buies of Civil Procedure (2251 to 2275), effective September 4, 1939. The plaintiff sued Sylak. Sylak brought in Openhart, as additional defendant, on averments that plaintiffs injury was caused by the negligence of Openhart or by the joint negligence of Sylak and Openhart. He then amended his writ by eliminating the charge of joint…