Porter v. Waters-Allen, etc., Co.

Caldwell, J..

Richard Porter brought this action against the Waters-Alien Foundry & Machine Company to recover $5,000 as damages for personal injuries claimed to have been received by him while engaged in its service. Verdict and judgment were rendered in favor of the defendant, and the plaintiff appealed in error.

*371The gravamen of the action is that the defendant wrongfully, negligently, and without proper instructions, took the plaintiff from the safe position in its foundry in which he had contracted and was accustomed to serve, and required him to perform the dangerous labor of a moulder,…