MacKlin v. Fogel Construction Co.

Suit by appellant, plaintiff below, to recover damages' for alleged personal injuries. Plaintiff recovered judgment in the sum of $12,833. Defendant’s motion for a new trial was sustained and a new trial granted on the ground that defendant's demurrer to plaintiff’s evidence should have been given. Plaintiff appealed.

Plaintiff was in the employ of respondent, Construction Company, and at the time of his alleged injury he, with another employee, was engaged in unloading large heavy timbers from a railroad car.

The petition, among other things, alleges that plaintiff was in the employ of…