Fain

The appellee brought suit to recover damages alleged to have been caused by her having contracted typhoid fever by drinking water furnished to her by the appellant and contaminated with typhoid germs through the appellant’s negligence.

Both at the close of the appellee’s case and at the close of the appellant’s case, the appellant moved for a directed verdict. These motions were denied by the court, and the appellant duly excepted.

A verdict for the appellee for $27,500 was returned by the jury, and judgment was entered thereon, with interest. The appellant’s motion for a new trial was denied. The present appeal followed.

There are numerous assignments of error, seventeen of which are specified in the appellant’s brief. The first specification deals with alleged error in the court’s denial of the appellant’s motion to strike the testimony of Marion E. Stroud in regard to the analyses of milk, for the reason that she testified that she made no analysis of the milk for typhoid.

The second and third specifications assert error in the court’s refusal to direct a verdict for the appellant at the close of the appellee’s case and at the close of all the evidence.

Three…