McHugh v. National Lead Co.

HULEN, District Judge.

Plaintiff obtained a judgment against defendant, based on a jury verdict. This case is now before the court on defendant’s motion for judgment in accordance with motion for directed verdict. Defendant’s position is that the evidence failed to make a submissible case of negligence.

There is no substantial conflict on the controlling facts. Defendant employed Leonard Construction Company, an independent contractor, to install and erect a sulphur burner tank on its premises in St. Louis County, Missouri. The tank was completed about April 1, 1941. Defendant *19then started use…