Shippy

This action is for damages growing out of personal injuries sustained by the respondent, Shippy, in a collision between an automobile driven by him and a motor bus operated by appellant through its agent, the defendant Claus, in which respondent obtained a verdict and judgment against appellant.

The action is predicated upon the negligence of defendant Claus, who was the driver of the motor bus, appellant being liable, if at all, under the doctrine of respondeat superior.

During the trial respondent dismissed the action as to defendant Claus, the driver of the motor bus, the dismissal being in the usual form, signed by the plaintiff and his attorneys. This dismissal was first called to the attention of the trial court while the court was engaged in instructing the jury, at which time the court instructed the jury that the action had been dismissed as to defendant Claus. Appellant’s contention on this appeal is that the dismissal of the action as to defendant Claus was in effect a statement that Claus was not guilty of negligence, freed him from liability on account of the accident, and amounted to such an exoneration as must necessarily exonerate his principal under the doctrine…