Pecher v. Howd

* Headnotes 1. Pleading 31 Cyc., pp. 693, 694; 2. Master and Servant, 26 Cyc., p. 1407. This is an action for damages for personal injuries sustained by the plaintiff on account of the collapse of a scaffold which he was using while engaged in work as an employee of defendant.

The cause was tried to a jury. There was a verdict for defendant, and judgment was given accordingly. In due time plaintiff filed a motion for a new trial. Afterwards, the court ordered that the motion for a new trial be sustained and that the judgment be set aside and vacated. From this order the defendant appeals.

Plaint…