William R. Day

“ The ruling of the court sustaining the demurrer to the evidence interposed by the resident defendants practically determined the question of their liability, and, under the Missouri practice, as we understand it, there was a right to take an involuntary nonsuit, with leave to move to set it aside, and when that motion was overruled there was a remedy by appeal to the supreme court of Missouri, as was done in the present case, and the order is not final until the appellate court passes upon it. ”

“ Louis, and the car company, a New Jersey corporation, William W. Eilers and Quincy Martin, citizens of Missouri, as was the plaintiff, were made joint defendants. It is conceded that the action was properly brought jointly against the car company and the defendants Eilers and Martin. The negligence charged was in substance that the defendants omitted to instruct and require their employees to so mark cars under and about which other employees were engaged in work that all persons would know whether employees were working under such cars ”