Brackett v. James Black Masonry & Contracting Co.

This is an action for damages for personal injuries based on the relation of master and servant. The jury returned a verdict for $30,000, but as plaintiff assented to a remittitur of $7,500 as a condition to the overruling of a motion for a new trial, judgment was entered in favor of plaintiff against defendant for $22,500. Defendant appealed.

The evidence submitted in behalf of plaintiff warrants the finding that, on June 9, 1926, plaintiff was a laborer in the employ of defendant, a corporation, then engaged in the performance of its contract to construct the concrete work of the Kansas City…