Burns v. R. L. McDonald Manufacturing Co.

While engaged in helping to erect a building for defendant, a heavy plank or joinst fell upon and injured plaintiff’s arm. This action for damages was accordingly brought resulting in a judgment of $4000 in plaintiff’s favor, from which defendant has appealed.

The case was submitted to the jury upon the ground that the defendant retained in its employ one Zeigler who was habitually careless, negligent and reckless in performing the work he was called upon to do, after the defendant knew, or in the exercise of ordinary care should have known, of such incompetency, habitual carelessness and…