William Wurth v. Swindell Dressler Corporation

DUFFY, Circuit Judge.

This suit was brought to recover damages for injuries sustained by plaintiff in a fall from an overhead pipe upon which he had been seated. Plaintiff claims defendant was negligent in permitting gases to be discharged from a gas generator in the building in which plaintiff was working. At the conclusion of plaintiff’s case, the trial court sustained defendant’s motion for a directed verdict, and entered judgment for the defendant.

The errors relied on arise from the granting of defendant’s motion for a directed verdict and also the Court’s refusal to allow plaintiff to…