Vilander v. Hawkinson

The opinion of the court was delivered by

Peice, J.:

This was an action to recover for personal injuries sustained by plaintiff while operating an alleged defective hay-baler owned by defendants.

On defendants’ motion a mistrial was declared. Defendants have appealed from certain adverse rulings hereafter mentioned.

Reference to allegations of the pleadings need not be made. Issues were joined and the action proceeded to trial before a jury. At the conclusion of plaintiff’s evidence defendants demurred thereto on the ground it failed to establish a partnership between defendants; that it failed…