Standard Cooperage Co. v. Dearman

The action was under subdivision 1 of Code, § 3910, and was submitted to the jury on counts 1 and 5. Count 2 was eliminated by demurrer, and counts 3 and 4 were stricken on plaintiff's motion. Issue was joined on pleas of the general issue and contributory negligence.

Of the eliminated counts nothing is presented for review. There was no error in overruling demurrer to counts 1 and 5, charging a defect in the ways, works, machinery, or plant that caused plaintiff's injury — "a narrow plank" which was "an unsafe and most dangerous appliance," or a plank on which plaintiff was compelled to stand…