Walther v. Cooley

This is a personal injury suit. In Ms complaint, appellant alleged, in effect that on January 5, 1954, while be was in the employ of appellee and assisting Mm in building a garage and tool shed, through appellee’s negligence, a scaffold gave way causing appellant to fall to the ground resulting in substantial injuries. He sought $5,150 in damages. Appellee answered with a general denial and affirmatively pleaded as a complete defense assumption of risk and contributory negligence on the part of appellant. A jury trial resulted in a verdict for appellee (defendant) and this appeal followed.

For…