Pittman v. Schultz

HUTCHESON, Circuit Judge.

The suit was for damages for personal injuries. The claim was that plaintiff suffered them while, and because of, attempting to carry out an order defendant had negligently given him requiring the performance of work in an improper and dangerous way.

The defenses were (1), that the work in which plaintiff was engaged was one of construction where the work conditions were subject, to constant change and the risks incident thereto were therefore assumed by him as a part of the necessary conditions under which it had to be done; and (2), that his injuries were not the…