Graziani v. Fimple

Woods, Judge:

This is an action to recover damages for personal injuries due to the alleged negligence of defendant. Error is prosecuted by the defendant from the action of the circuit court of Marion county in setting aside a verdict in his favor, and granting plaintiff a new trial.

It appears that plaintiff had, four days prior to the injury, been hired as foreman by the defendant, a road contractor, and placed over certain employees on a road job, over which Ed Kennedy was the general foreman. Each morning the plaintiff, together with others, assembled at a designated point approximately…