Carl C. Womble v. J. C. Penney Company, Inc.

JOHN W. PECK, Circuit Judge.

This is a personal injury case wherein the jury returned a verdict of $50,000 for appellee. Appellee was a painter employed by Robertson & Sons Painting Contractors, and was working in the new J. C. Penney store that was being constructed in Chattanooga, Tennessee, at the time of his injury. Appellant had contracted with Robertson & Sons to paint and do other related work at its store.

On May 27, 1965, appellee reported for work in the morning and after checking in and changing his clothes, he and Mr. Robertson went over to the area where he was to work for the day.…