Weatherby v. Newfield Smyrna Rug Co.

The opinion of the court was delivered by

Trenchard, J.

This writ of error brings up for review a judgment entered upon a verdict directed for the defendant at the Cumberland Circuit in an action brought by William S. Weatherby against the bTewfield Smyrna Bug Company to recover damages for personal injuries.

At the trial, at the time the verdict was directed, the jury, if it had viewed the proofs in the light most favorable to the plaintiff, would have been justified in finding the following matters of fact:

The plaintiff was an engineer in the employment of the defendant company. Whilst so,…