Partin's Adm'r v. R. R. Dawson Bridge Co.

MOREMEN, Justice.

On January 5, 1951, a portion of a bridge being constructed by R. R. Dawson Bridge Company across the Cumberland River fell and Kit Partin, Jr., a construction worker, fell with it and was killed. The administrator of his estate, J. J. B. Williams, appellant, brought an ordinary action alleging that the failure of appellee to furnish a safe place in which to work resulted in the death of Kit Partin, Jr., and damage was claimed in the sum of $35,000. Appellee’s answer contained a traverse and an affirmative allegation that at the time of the accident the company had elected to…