Brierley v. Anaconda Co.

OPINION

HOWARD, Judge.

A judgment entered on a jury verdict in favor of the appellee, defendant below, in a wrongful death action instituted by appellant, plaintiff below, is the subject of this appeal. The major thrust of plaintiff’s attack is directed to certain jury instructions either given or refused.1

Briefly, the facts are as follows. On January 22, 1971, plaintiff’s decedent, a journeyman ironworker, was an employee of the Chapman-Dyer Steel Manufacturing *8Company, an independent contractor which had undertaken to construct .and install a dust collector system in Anaconda’s secondary…