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HORTON v. D.I. OPERATING CO.

No. 5538.

448 P.2d 36 (1968)

Ernest J. HORTON, Appellant, v. D.I. OPERATING CO., a Nevada corporation; and Boyd Scott, Respondents.

Supreme Court of Nevada.

December 9, 1968.

Attorney(s) appearing for the Case

Jack J. Pursel, Las Vegas, for appellant.

Bell & Morris, Las Vegas, for respondent D.C. Operating Co. Deaner, Butler & Adamson, Las Vegas, for respondent, Boyd Scott.

OPINION

MOWBRAY, Justice.

Ernest J. Horton brought a civil action against Boyd Scott, alleging assault. The D.I. Operating Co., Scott's employer, was named as a codefendant. The case, which was tried before a jury, resulted in verdicts in favor of both defendants. Horton filed two motions for a new trial, one of which was timely. The trial judge denied both motions, and thus this appeal.

The first motion was predicted upon (1) irregularity in the...

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