Smith v. Price Bros. Co.

HAMILTON, Circuit Judge.

Appellant, Frank Smith, complains of the ruling of the lower court directing the jury peremptorily to find a verdict for the appellee, Price Brothers Company.

Taking the view of the evidence most favorable to the appellant, the facts are that appellant suffered severe fractures of the vertebi'ae while working on a scaffold from which he claims he was caused to fall by reason of the negligence of appellee.

Appellee, Price Brothers Company, was the general contractor for construction of a building at Toronto, Ohio, and in connection therewith a partnership, of which…