Barton v. Hobbs

Plaintiff brought this action against Ernest Hobbs and Charles R. Hobbs, a partnership doing business as E. E. Hobbs & Son, for damages resulting from injuries sustained in a cave-in of a sewer ditch. At the close of the evidence, the trial court directed a verdict for the defendants. After argument on the motion for a new trial, the trial court sustained the motion and granted a new trial. The defendants Hobbs have appealed. Earthworms, Inc., was made a party defendant for subrogation purposes as the employer of the plaintiff to whom it has paid compensation under the workmen’s compensation…