Montgomery v. Globe Grain & Milling Co.

This is an action for damages for personal injuries alleged to have been suffered by the plaintiff in an automobile accident in San Bernardino County on the twenty-fifth day of June, 1927. The case was tried before a jury. At the close of the plaintiff’s case a motion for nonsuit was granted in favor of the Globe Grain and Milling Company. A judgment was later entered in favor of this company, from which the plaintiff has appealed. At the close of the evidence, upon motion of Yelloway Inc. and California Highway Indemnity Exchange, an instruc tion was given directing the jury to return a- verdict in favor of these defendants, pnd judgment was entered in their favor. The plaintiff then .moved the court for a new trial as to all defendants. The motion was denied as to the Globe Grain and Milling Company and granted as to the other defendants, who thereupon took an appeal. We, therefore, have before us two appeals, one by the plaintiff from the judgment of nonsuit in favor of the Globe Grain and Milling Company and the other by the defendants from the order granting the plaintiff’s motion for a new trial. These appeals are prosecuted upon one record.

The accident causing the…