Johnson v. Field

Plaintiff brought an action under both the Employer’s Liability Act and common law negligence for damages resulting from a fall from a roof while she was employed by defendant. The jury returned a verdict for defendant and plaintiff filed a motion for a new trial. Defendant appealed from an order granting the new trial.

At the time of the accident plaintiff was repairing the roof on a building by putting an adhesive under composition shingles. While she was working close to the eave of the roof, her foot hit an accumulation of granules which had come loose from the roofing material, causing…