Ahrens v. American Smelting & Refining Co.

Chase, District Judge.

In this action the plaintiff, as an employee of the defendant, seeks to recover damages resulting from plumbism, or lead poisoning, which he claims to have contracted while employed by the defendant. The jury returned a verdict for the plaintiff, and from a judgment thereon the defendant has appealed to this court. At the close of the testimony the defendant moved for a peremptory instruction, *461based upon the insufficiency of the evidence^ The overruling of this motion by the trial court is one of the principal assignments of error.

The plaintiff seems to base his right of…