O'Neil v. C. Young & Sons' Seed & Plant Co.

.Biggs, J.

This action is one to recover damages-for personal injuries received by the plaintiff through the fall of a hand hoist or elevator, under which he stood while lifting it. The defense is a general denial and the plea of contributory negligence. . On the trial of the cause before a jury the plaintiff recovered a verdict both against the 'defendant corporation and John Young,who is president of the corporation. The defendants appeal and assign for error that the court committed error in not requiring plaintiff to elect'on what cause of action he would proceed, and that, it erred in…