Atlas Powder Co. v. Hanson

WOODROUGH, Circuit Judge.

The plaintiff recovered judgment for $5,-000 in an action for damages for negligence resulting in personal injuries sustained by him on October 24, 1940, while working as a steamfitter at .defendant’s plant at Atlas, near Joplin, Missouri. The case was removed from the State to the Federal court for diversity of citizenship and trial there was to the court without a jury. The defendant has appealed.

The sole controversy here is presented by defendant’s contention that under the circumstances of plaintiff’s employment at the time of his injury the defendant was his…