Dost v. Pevely Dairy Company

HYDÉ, Judge.

•Action for damages for personal injuries. Plaintiff had verdict for $25,000 but made -a remittitur of $8,000 on the Court’s order. .A-final judgment of $17,000 was entered from which defendant has appealed. > ■ : ■

Plaintiff was injured by falling about 16 feet when a scaffold board broke while he was walking across it during his work of painting a water tank. One of defendant’s defenses was' that the Workmen’s Compensation Act was applicable to determine the rights of, the parties so that plaintiff could not maintain a common law action. See McKay v. Delico Meat Products Co., 351…