Wendt v. Yant Construction Co.

Landis, District Judge.

Plaintiff below, appellee here, instituted this action to recover damages to his house sustained through negligence *278in the blasting by dynamite of a tree on the highway, which defendant Yant Construction Company was improving under a road construction contract, having in its employ the defendant John Greer.' Verdict was returned in favor of the plaintiff against the defendants, judgment entered thereon, and from an adverse ruling on the motion for new trial defendants appeal.

The first assignment of error is directed to the overruling of the special appearance of the…