Larson v. Tri-City Electric Service Co.

LINDLEY, District Judge.

Defendant appeals from a judgment for plaintiff for personal injuries, insisting that the trial court (1) erroneously refused to define the legal relationship of plaintiff and defendant as one imposing upon defendant liability only for wanton and willful injury, (2) should have directed a verdict of not guilty because (a) no negligence of defendant was proved, (b) under the evidence plaintiff was guilty of contributory negligence as a matter of law, and (3) erred in instructing the jury.

At the time of the injury Linde Air Products Company was having constructed a plant…