Powell v. Ligon

Opinion by

Mr. Justice Drew,

William G. Powell brought this claim in his own right and as next friend of his son, Howard A. Powell, to recover for personal injuries suffered by the latter on March 12, 1937, by reason of the alleged negligence of defendants. The jury returned a verdict for plaintiffs, and, following the dismissal of defendants’ motions for judgment n. o. v. and a new trial, this appeal was taken.

Defendants, independent contractors, were engaged in the excavation of a sewer trench, six feet in width for a distance of two hundred seventy feet along the midline of Tenth Avenue, in…