Opinion
Nos. 31,577, 31,625.
May 13, 1938.
Court — two appeals — decision of one decisive of another presenting same questions.
Where there are two appeals presenting the same questions of fact and law, a decision in one appeal will dispose of the other. Flaugh v. Egan Chevrolet, Inc. 202 Minn. 615, 279 N.W. 582, followed.
Action in the district court for Dakota county to recover for personal injuries sustained by plaintiff when struck by an auto alleged to have been owned by defendant. The case was tried before W.A. Schultz, Judge, and a jury. Plaintiff had a verdict of $2,500. Plaintiff moved for a new trial on the ground of inadequate damages, and defendant moved for judgment notwithstanding the verdict. Both motions were denied. Plaintiff appealed from the order denying his motion, and defendant appealed from the judgment entered pursuant to the verdict. Order and judgment affirmed, following Flaugh v. Egan Chevrolet, Inc. 202 Minn. 615, 279 N.W. 582.
A.M. Joyce and Vance B. Grannis, for plaintiff-appellant.
Oppenheimer, Dickson, Hodgson, Brown Donnelly, for defendant-appellant.
This case and Flaugh v. Egan Chevrolet, Inc. 202 Minn. 615, 279 N.W. 582, decided herewith, are identical in their facts and issues. There are some slight differences in the record amplifying defendant's ownership of the car in question. There is no occasion to restate the evidence or the rules of law applicable. Plaintiff practically abandoned his appeal upon the argument by requesting us to either affirm or grant a new trial on the issue of damages in the event we reversed on defendant's appeal.
Affirmed on both appeals.