Campbell

The action was one by an employee against his employer to recover damages on account of personal injuries. The complaint alleges that these injuries were occasioned through the negligent act of defendant in maintaining a roof so constructed that there was not a sufficient passageway between such roof and the car upon which plaintiff was employed, the result of which was that plaintiff, while in the performance of his duties, was struck by such roof and injured. The answer denied the allegations of the complaint, and, in addition, alleged that the injuries so sustained were occasioned on account of plaintiff’s negligence which proximately contributed to such injuries. The action was tried by a jury, which returned a verdict for defendant. From the judgment rendered thereon, and from an order denying a new trial, plaintiff appeals upon a bill of exceptions.

The only evidence contained in the bill of exceptions on behalf of plaintiff is to the effect that plaintiff, having knowledge that the roof was beside the track always supposed that the same was far enough away to clear a man coming down the side of a passing ear; that while descending from a passing car in the discharge of his…