MacDonald Engineering Company v. Robert D. Hover

VAN OOSTERHOUT, Circuit Judge.

Defendant MacDonald Engineering Company (hereinafter MacDonald or defendant) appeals from final judgment for $75,000 based upon jury verdict entered against it in an action for personal injuries brought by plaintiff Hover. Jurisdiction based upon diversity of citizenship and the requisite amount is established.

Plaintiff is an electrician employed by Dewey Electric Company (Dewey). Pursuant to Dewey’s orders, plaintiff was during the fall of 1956 engaged in doing electrical work on a series of silos defendant was constructing under contract for Northwestern States…