Westlake v. Murphy

Action to recover damages for personal injuries alleged to have been 'sustained by reason of the negligence of the defendant. Plaintiff had a verdict and judgment, and the defendant has appealed.

The following facts may be considered established beyond dispute: The defendant was a contractor engaged in the business of constructing brick, concrete and asphalt pavements. In the year 1906 he had a contract with, the city of Lincoln to construct a large amount of pavement on the streets of that city. Plaintiff was employed by the defendant as a common laborer, and at the time of the injury…