Munoz v. American Car & Foundry Co.

— Plaintiff’s action for damages for personal injuries resulted in a judgment in his favor and against the defendant in the sum of $1850. After moving unsuccessfully for a new trial defendant brings the case here on appeal.

Whilst the second amended petition upon which the case was tried contains three assignments of negligence, we are, on this appeal, concerned with the single assignment of negligence upon which plaintiff submitted his case to the jury, the charging part of which reads as follows:

“Plaintiff states that while he was engaged in unloading pieces of iron, together with other…