Hoeppner v. Saltzgaber

Curtis, C. J. —

This was an action for damages for personal injuries brought by the appellee, Catherine Saltzgaber, against the appellants Dorothy Hoeppner and Clarence W. Hoeppner and also against Harold Lallow and Robert E. Lallow. The complaint was in one paragraph and was answered by a general denial. As a part of instruction number one the court correctly informed the jury that “The complaint has been dismissed as to the defendant, Robert E. Lallow, and all consideration as to him is withdrawn from you.” The record discloses the said dismissal was by the appellee Saltzgaber at the close…