Mitchell v. Swift & Co.

LEE, Circuit Judge.

This is a suit to recover damages for personal injuries alleged by appellant to have resulted from a fall which occurred during the course of his employment as a lay meat inspector for the Government at appellee’s plant in Dallas, Texas.

According to the bill of complaint, on January 24, 1944, while inspecting slaughtered hogs at appellee’s plant, appellant stood as required on a bench or platform some three feet above the floor; he became tired of standing in one position, turned partially around, and, in order to maintain his balance, reached out to get hold of the guard…