Roberts v. Kelly Axe & Tool Co.

Maxwell, Judge:

The defendant prosecutes this writ of error to a judgment against it for $12,000.00 entered upon a verdict of a jury in the Circuit Court of Kanawha County for personal injuries sustained by the plaintiff at the defendant’s manufacturing plant in the city of Charleston on the 26th day of September, 1925. This is the second time this case has been before this Court for review. The first decision is reported in 104 W. Va. 425, 140 S. E. 283.

As appears from the former decision, plaintiff was an employee of an independent contractor engaged in the erection of certain smokestacks…