Baker

By verdict and judgment plaintiff Charles Baker recovered from John W. Stang Corporation and George Sehuerer damages for personal injuries; defendants appeal.

The sole ground of appeal is that the court refused *174 to give instructions on contributory negligence which the defendants requested. There was, in our opinion, no error.

The accident happened in the pipe yard of Stang Corporation. Plaintiff was standing beside a trailer, hitched to a tractor, which he had driven into the Stang yard to be loaded with 16-foot pipe. As he was tightening chains to secure the loaded pipe defendant Schuerer, Stang’s employee, backed a motor-driven fork lift onto plaintiff’s right foot, which was fractured. The contention on appeal is that there was evidence which would have warranted the jury in finding that plaintiff was guilty of negligence which contributed proximately to the accident. A recital of the material evidence will disclose that plaintiff was not negligent.

Plaintiff backed his equipment some 57 feet in length into the yard. To the east of where it stood there were 10 or 15 feet of open space. Pipe was racked up to the east, west and north. Schuerer had brought up numerous…