Ormston

Plaintiff Fanny Ferrari Ormston was given judgment by the trial court against defendant T. W. Lane for $3,200 on account of personal injuries she .suffered when struck by an automobile operated by him while she was walking from a sidewalk to board a street-car, but she was denied relief against the other defendants. Plaintiff made a motion for a new trial, which was denied, and her notice of appeal herein recites that she appeals from the order denying the motion and “from the judgment ... in favor of the plaintiff and against the defendant T. W. Lane, Jr., for the .sum of $3,200.00 and from the whole of said judgment.” However, in her brief on appeal appellant states that she appeals from that portion of the judgment which is in favor of respondent R. H. Lane, and from the order denying her motion for a new trial as against him.

As the order is not one from which an appeal lies, the attempted appeal from the order denying a new trial should be dismissed, but consideration will be given the appeal from that portion of the judgment which denied appellant relief against respondent R. H. Lane.

The only question for determination here is whether respondent R. H. Lane is liable for…