Oganaso v. Mellow

Action for $25,000 for personal injuries sustained by plaintiff while engaged as an independent contractor in tuck pointing the brick wall of a foundry building belonging to defendants, partners, and used by them in their business of molding metals. The jury returned a verdict for defendants; but the trial court sustained a motion for a new trial, and defendants have appealed.

[1] The motion for a new trial was sustained on the ground instructions given at defendants' request were erroneous. Defendants-appellants contend the trial court erred in sustaining the motion on that ground; and they…