PHILLIPS, Justice.
This is a suit for personal injuries brought by appellant, Captain Paul M. McCarty, hereinafter referred to as plaintiff, against Doris Purser, hereinafter referred to as defendant Purser, and Colonel Forrest Jewel, hereinafter referred to as defendant Jewel.
W. F. Purser, the husband of Doris Purser, was joined in the suit only as a formal party and no appeal has been taken from the judgment in favor of defendant Jewel.
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