(DOWNLOAD) "Aqua System Inc. v. Kodakoski" by Fifth Circuit Circuit Court Of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: Aqua System Inc. v. Kodakoski
- Author : Fifth Circuit Circuit Court Of Appeals
- Release Date : January 04, 1937
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
This suit was brought by appellee to recover damages for personal injuries accidentally incurred in the course of his employment as a laborer by appellant. The complaint alleged that the accident was caused by the sudden and unexpected dropping of a large wooden pile by other men with whom plaintiff was engaged in carrying it. The negligence of the employer alleged was: (1) Failure to use ordinary care in selecting the employees engaged in the work; (2) failure to provide a safe place to work; (3) failure to direct the work of carrying the pile; (4) failure to advise or instruct plaintiff respecting the danger of the work; (5) failure to warn or notify plaintiff of the proposed throwing or release of the pile by the other men carrying it. The answer denied negligence and pleaded negligence of fellow servants and assumption of risk. The question of contributory negligence of plaintiff was not raised. At the close of plaintiffs evidence defendant moved for a directed verdict, which was refused. Defendant elected to stand upon its motion and did not introduce any evidence. The case was submitted to the jury on the evidence introduced by plaintiff on instructions leaving it to the jury to decide every point raised by the pleadings, and resulted in a verdict for plaintiff, in the sum of $8,500, upon which judgment was entered. Error is assigned to the overruling of the motion for verdict.
 "Aqua System Inc. v. Kodakoski" by Fifth Circuit Circuit Court Of Appeals " eBook PDF Kindle ePub Free){kind=link}