Walters
Walters v. Evick
Opinion
lead Opinion
Hart, J.
These are actions for damages for personal injuries alleged to have been sustained by the respective plaintiffs and appellants through the negligence of the defendants. The injuries to the two plaintiffs occurred at the same time under precisely the same circumstances and from the same alleged cause. At the opening of the trial, it was expressly stipulated by and between the respective parties that, inasmuch as the witnesses and the testimony would be the same, the two eases he consolidated and tried together before the same jury, and the court made an order in accordance with said stipulation.
The jury, by whom the cases were tried, found in favor of the defendants and against the plaintiffs, and upon the verdict thus arrived at and returned, judgment was entered awarding the defendants the costs and disbursements incurred and made in each of the actions. The plaintiffs separately appeal from the judgment so entered, and support the same by a record made up in accord with the provisions of the so-called alternative method.
The points urged for a reversal are: Insufficiency of the evidence to support the verdicts, alleged misconduct on the part of counsel for the defendants…