Harbour v. Graham Mfg. Co.

(after stating the ease as above).

The error assigned is the giving of a peremptory instruction to the jury to return a verdict for the defendant in the case. In the *702question presented there is involved two sub-questions .which we shall consider in their order.

Did the evidence raise an issue of negligence vel non? At the time of the injury the' deceased was at work on the boiler, owned by appellee and lqcated upon its premises, in the performance of work contracted by his employer to be done for the owner of the property. He received an electrical shock, from which he instantly died, when he…