Funk v. Fulton Iron Works Co.

This case was first heard and submitted in Division One, following which an opinion was prepared. While that opinion failed of adoption after the transfer of the case to Court in Banc it sets forth the facts with admirable clearness and brevity. In stating the case therefore we adopt for the most part the statement of facts as contained in the divisional opinion, merely adding thereto such other evidentiary matters as in view of the conclusions finally reached are deemed pertinent.

“The,issues, such as they are, in this case, can be fairly gathered from the following; excerpts from the…