Lee v. DeBardeleben Coal & Iron Co.

The appellant, Lee, recovered a judgment against the appellee, which judgment, upon motion of the appellee, was set aside, and a new trial granted. The present appeal is prosecuted from the order of the court granting a new trial. The cause of action was to recover for personal injuries averred to have been sustained by reason of the negligence of the defendant, and was brought under the employer’s liability act. The complaint contains three counts. The defendant pleaded the general issue, and also contributory negligence, to the whole complaint. To the defendant’s plea of contributory…