Hintz v. Darling Freight, Inc.

An action for damages for personal injuries under the safe-place statute, commenced by the plaintiff Ellsworth Hintz against Darling Freight, Inc., and its insurer.

For the purposes of this opinion the plaintiff, Ellsworth Hintz, will be referred to as “Hintz,” the defendants, Darling Freight, Inc., and its insurer as “Darling,” and the inter-pleaded defendant, Jeff’s Cartage, Inc., as “Jeff’s.”

The complaint alleges that on January 8, 1959, the day of the accident, Hintz was employed by Jeff’s. During the course of his employment he was required to load freight onto a road trailer owned and…