McEvilly v. L. E. Myers Company

Opinion of the Court by

Judge Thomas

Affirming.

The appellant and plaintiff below, T. R. MeEvilly, by this ordinary action, sought to recover of the appellee and defendant below, the L. E. Myers Company, $25,-000.00 damages for injuries alleged to have been sustained by him through the negligence of defendant, and in his petition he averred the facts upon which he relies as constituting its negligence. They were: That defendant was.the contractor to construct Dix River Dam and that a part of the work was sublet to J. B. Lusk & Company as a subcontractor, and that plaintiff was employed by the…