Markwell v. Swift & Co.

This is an action for personal injuries allegedly received by plaintiff when she stepped back and fell over the sill of a window in a drive-in restaurant, from which window the glass had been temporarily removed. In her complaint for damages plaintiff named four defendants whose negligence she alleged was the direct and proximate cause of her accident and the resulting injuries. After the cause had been called for trial, and before the first witness took the stand, plaintiff in open court dismissed as to the defendants, Swift and Company and Ralph Chilton.

The trial proceeded against the two…