Johannsen v. Peter P. Woboril, Inc.

Because there must be a new trial we make the statement of facts as brief as is consistent with an understanding of the issues raised by the appeal.

The defendant had a contract to paint the interior of the plant of Bucyrus-Erie Company in which the plaintiff was employed. In carrying out the contract the defendant established what it calls a paint shop which was simply an area in which defendant kept its paint cans and where it mixed paints and cleaned equipment. This area was shifted from time to time to make it convenient to that part of the very large plant which defendant happened to be…