199 F. 766 | 7th Cir. | 1912
Defendant in error, plaintiff below, recovered a judgment on account of personal injuries. Error is mainly predicated on the court’s refusal to direct a verdict in favor of defendant. Conflicts in testimony must, of course, be re* solved against defendant, and the evidence viewed in the strongest aspect in favor of plaintiff.
So taken, the case is briefly this: Defendant is a corporation having a factory at Milwaukee, Wis., for making refrigerating plants, which it installs in its customers’ places. North Packing Company contracted with defendant for the installation of a refrigerating plant in its sausage factory at Somerville, Mass. Hartman, defendant’s superintendent, was sent to do the work. ' At Somerville, Hartman employed plaintiff and Ryan to assist. Plaintiff, 22 years old, had worked about 3 years as a steam fitter’s helper, part of the time for North Packing Company. He was generally familiar with the factory, but not with the room in which he was hurt. To lift some heavy piping and take it into the building through a second-story window, Hartman decided to rig a block and tackle from a window immediately above in the third story. In the third-floor room were several cooking vats. Two pf these were near the window, about 2 feet from the wall, with a passageway of about 2% feet between them leading to the window. To support the block and tackle Hartman had determined to place a timber across the window inside and one outside, and to tie the timbers together with rope. To do this work the lower sash of the window was moved. When the timbers were placed, Hartman and Ryan holding the window open and the timbers in position, plaintiff found that the rope at hand was not sufficient. Hartman asked where more rope could be had. Plaintiff said he would go to the machine shop of the factory and try to get some. He returned where Hartman and Ryan were still holding the window and the timbers in place, and threw a piece of rope on the floor. It was tangled. In untangling it he straightened up and raised one hand above his head, without looking where his hand was go
The judgment is reversed, with the direction to grant a new trial.