Schleif

This is an appeal by defendant from a judgment in favor of plaintiff in an action for damages.

The action was tried by the court sitting with a jury, and the judgment followed the verdict returned. Defendant’s motion for a new trial was denied.

At the outset a résumé of the facts sufficient to present generally the controversy will be given, and further detail of fact will accompany each point urged.

On May 21, 1923, the plaintiff was engaged in moving some furniture and personal effects from a place of previous employment. He had loaded these goods upon a small truck operated by another person. When the truck was in motion plaintiff was standing in the body thereof upon a small trunk and holding in place the small load. While plaintiff was thus riding he came in contact with a telephone wire, which caught him under the chin, throwing his head violently backward and causing him to be pitched and thrown from the truck to the ground with some force.

These facts seem to be practically admitted.

There are many minor claims of error involved in this appeal, but the dispositon of the case centers about two main contentions.

1. Appellant contends there is not sufficient evidence to…