Westfall v. Mossinghoff, J. & Co.

LEEDY, Presiding Judge.

Action for damages for personal injuries. The jury found for plaintiff, assessed his recovery at $17,500, and judgment was entered for that sum. After an adverse ruling on an alternative after-trial motion (to set aside verdict and judgment and to have judgment entered in accordance with its motion for a directed verdict, or for new trial), defendant appealed. We refer to the parties as designated in the trial court.

Plaintiff, a plumber’s helper, then about 58 years of age, was injured when defendant’s machine tool, a large hammer, operated by compressed air…