Gallik v. Wheeling Steel & Iron Co.

MillbR, Judge :

In an action for personal injuries the judgment complained of set aside the verdict in favor of plaintiff for $11,458.33, and awarded defendant a new trial.

The first point of error is that the court below erroneously sustained defendant’s demurrer to the third count of the declaration. This count is predicated on the duty imposed by section 59, chapter 15IT, Code 1913, on the owner or "master of ‘ ‘ all manufacturing, mechanical and other establishments, in this State, where the machinery, belting, shafting, gearing, drums and elevators, are so arranged and placed as to be…