National Cast Iron Pipe Co. v. Higginbotham

The trial was had on count A and the general issue, with leave to avail of any defense shown by the evidence that may have been specially pleaded. The plaintiff assumes in his pleading the burden of proof that his injuries were sustained while in casual and not in,the usual course of the trade.

The plaintiff, working as a painter of defendant’s houses, rented or provided for its employSs, and while so employed and engaged was injured. The manner of his injury may be stated as follows:

“Almost all of the houses then being painted were of the one-story variety, and the defendant furnished a bench…