Arlo Weisser, Individually and as Trustee of the North Dakota Workmen's Compensation Bureau v. Otter Tail Power Company

STEPHENSON, District Judge.

This appeal is from a judgment for the defendant entered on a directed verdict. The appellant brought this action individually and as trustee of the North Dakota Workmen’s Compensation Bureau agáinst the Otter Tail Power Company, the distributor of electricity through the power lines which were involved in this accident. Jurisdiction is based upon diversity of citizenship.

The appellant was an employee of Collins Construction Company, a highway contractor, engaged in resurfacing Highway .#3. At the time of the accident the construction company was setting up a…