Rothwell
State Compensation Insurance Fund v. Rothwell
Opinion
Lead Opinion
Burroughs, J.
This is an action for damages for personal injuries alleged to have been suffered by the plaintiff M. J. Tillery by reason of the alleged negligent operation of an automobile by the defendant. It is also alleged in the complaint that at the time of the accident the plaintiff Tillery was working as a watchman for the Atkinson Merchants’ Police and Fire Patrol and that said organization was at the time of the accident insured by the State Compensation Insurance Fund, the other plaintiff herein.
The court awarded the plaintiffs a judgment in the sum of $1750. The defendant appeals.. The case has been brought to this court by a bill of exceptions and defendant seeks to review the insufficiency of the evidence to sustain the court’s findings of fact.
It is the contention of the respondent that the bill of exceptions does not contain any specifications of the insufficiency of the evidence to support the findings. In this behalf the bill of exceptions reads as follows: “Defendant now specifies as errors of law occurring at the trial and excepted to by defendant, each and every ruling of the court upon the admission or rejection of evidence offered which was unfavorable to defendant as…