Glass v. Carnation Co.

With some reluctance we grant a new trial in this personal injury action. The plaintiff had slipped in getting down from a temporary platform erected on the *342flat bed of a truck, and an injury to his knee was claimed to have resulted therefrom.

The trial judge took the case from the jury because at the time the plaintiff had completed his evidence, relative to the cause of his injury, he had not established any negligence on the part of the defendant.

We are in entire accord with the trial court in that conclusion. We think that it was probably right in its further conclusion, based on the…