Marshall v. Kansas City

BARRETT, Commissioner.

In this action against his employer, Kan-' sas City, for negligent personal injury, consisting. in failing to furnish safe tools and a safe place to work, a jury awarded Charles. Marshall $9,000. Upon motion, however,, the trial court set the verdict aside and entered judgment against Mr. Marshall for the reason that a verdict should have been directed for the city at the close of all the evidence. Upon this appeal by Mr. Marshall the single question is whether, construing the circumstances favorably to him, the fellow servant doctrine is applicable and a bar to his…