Rose v. Rushton

OPINION

By the Court,

Taber, C. J.:

This case and that of Botts v. Rushton, 172 P. 2d 147, decided this day, grew out of the same accident. At the beginning of the trial in the instant case the court, upon stipulation of counsel, ordered “that the record and the evidence, oral and documentary, heretofore given by the witnesses testifying at the trial before this court in the case of M. L. Botts, plaintiff, against Fred H. Rushton, defendant, No. 21425, together with the records and files in this court, which trial was held during the month of December, and the testimony received subject to all…