Simons v. Schiek's, Inc.

Frank T. Gallagher, C.

Appeal from an order and an amended order of the district court granting plaintiff’s motion to vacate and set aside a judgment.

Plaintiff adopts defendant’s statement of facts, subject to expansions where he deems necessary. On December 22, 1958,1 plaintiff, John *133Simons, an employee of Clyde Snyder Productions, fell down a stairway and sustained injuries while on the premises of the defendant, Schiek’s, Inc. The next day he visited Dr. Lester W. Carlander and was treated, among other things, for a fractured arm and rib, but no X rays were taken of his visibly bruised left…