Wells v. Duncan Coal Co.

Opinion of the Court by

William Eogers Olay, Commissioner

Affirming.

In this action for damages for personal injuries by plaintiff, John M. Wells, against defendant, W. G-. Duncan Coal Company, the trial court gave a peremptory instruction in favor of defendant. Judgment was entered accordingly, and plaintiff appeals.

The facts are these: Plaintiff was an experienced house mover. He contracted with defendant to move a water tank. The tank, which was ten or twelve feet high, rested; on a platform about twelve feet from the ground. There were certain pipes attached to the tank, which defendant…