Henry v. Kaw Boiler Works

The opinion of the court was delivered by

Mason, J.:

Frank Henry sued F. G. Palmer and T. B. Gilbert, a partnership engaged, under the name of the Kaw Boiler Works, in the business of1 constructing metal tanks, on account of personal injuries received while in their employ. A demurrer to his evidence ' was sustained and he appeals. The evidence tended to show these facts: A foreman of the firm was engaged, with a number of other wórkmen, including the plaintiff, hired by him, in the erection of a tank, forty-three feet in diameter and twenty-five feet high, constructed of curved sheets of steel…