Teets v. Crescent Portland Cement Co.

Opinion by

Cunningham, J.,

Plaintiff has a verdict for $1,250, with judgment thereon, as damages for injuries suffered while assisting in moving a heavy piece of machinery in defendant’s cement plant. In this appeal by the defendant a new trial is not sought, but it is earnestly contended that its point for binding instructions should have been affirmed by the trial judge, Patterson, J., or its subsequent motion for judgment n. o. v. granted by the court in banc.

By its assignments of error and statement of questions involved, appellant indicates three grounds to be considered, in disposing of…