Bisping v. Kummer Auto Co.

Holt, Justice.

The appeal is from an order denying defendants’ motion in the alternative for judgment notwithstanding the verdict or a new trial. The defendant corporation conducts a public garage in the city of Faribault, and defendant Barta is one of its mechanics. Late in the afternoon of February 25, 1936, plaintiff took his Plymouth 1932 sedan to the garage to have the clutch adjusted. Defendant Barta undertook the work. The floor was wet, so the car was placed on the hydraulic hoist and elevated five or six feet from the floor. In that position the job could not be finished, so the hoist…