Opinion
No. 14,842.
Filed August 16, 1933.
From Marion Superior Court; John W. Kern, Judge.
Action by Dorothy Harrison, by her next friend, Clarence Harrison, against Joseph Ed Burk, doing business as Burk Delivery Company, and William Gagen. From a judgment for plaintiff, defendants appealed. Reversed on confession of error.
Emmett S. Huggins and C.E. Fenstermacher, for appellants.
George S. Stewart and Carey Cox, for appellee.
On confession of error by appellee, the judgment of the lower court is reversed with instructions to overrule the motion to strike out the motion for a new trial and to sustain said motion for a new trial and grant a new trial in said cause.
It is further ordered that this judgment be certified to the clerk below this 16th day of August, 1933.