Roth

This is an appeal from a judgment in favor of plaintiff in an action for personal injuries.

Plaintiff instituted this action against several defendants. A motion by Keene doing business as Silverlake Termite Control for a directed verdict was denied. A 10-to-2 jury verdict was returned in favor of plaintiff against Keene and against Donald Gurwell, doing business as A-l Fumigating Company, and against plaintiff in favor of defendant, Beller. Judgment on the verdict was entered March 31, 1966. Keene filed a motion for judgment notwithstanding the verdict, or, in the alternative, for a new trial. A new trial motion was ordered granted unless plaintiff consented to a remission of all damages in excess of $4,500 and was ordered denied if such consent be filed. Within the time prescribed plaintiff filed her consent to such remission and Keene’s new trial motion was denied. Keene appealed from the judgment, the denial of his motion for judgment notwithstanding the verdict and the denial of this motion for a new trial. No appeal was taken by-plaintiff from the judgment in favor of defendant Beller. No appeal was taken hy defendant Gurwell from the judgment in favor of plaintiff.

The…