Smith v. Variety Iron & Steel Co.

This is a motion for a new trial by the defendant, after a verdict in the plaintiff’s favor, for personal injuries received by him by falling from a hanging scaffolding or cage, while employed by the defendant in the erection of a steel stack being constructed by the defendant.

The stack was about eight feet in diameter, and was constructed of steel plates, placed one above another and riveted together. The plaintiff was an iron worker, engaged with others in placing and riveting these plates in position. At the time of the accident the stack had been built to about the height of sixty-five…