Schermer v. McMahon

— While in defendant’s employ engaged with other laborers in digging a trench for reception of water pipe, a passing street car running along and near the course of the excavation caused its near wall to fall in, burying plaintiff up to his neck and resulting in the injuries complained of. The action originated before a magistrate and upon trial anew in the circuit court, the jury returned a verdict for plaintiff, from which defendant has appealed. The trial court permitted testimony to be introduced by plaintiff over defendant’s objection thereto, that shortly after the catastrophe the work…