Conklin Construction Co. v. Walsh

An examination of the evidence in the record fails to disclose any material errors of the trial court in the admission or exclusion of evidence. While it is true that the usual duties of Shellhouse were the same as plaintiff’s, that he was a “lineman” as also was plaintiff, yet it is uncontradicted that at the time of the accident Shellhouse was performing the duties usually discharged by. the foreman, Seymour, who was temporarily incapacitated from working, he then being in a hospital suffering from an attack of appendicitis. The duties of Seymour were being performed by Skellkouse, who, in…