KIRKPATRICK, District Judge.
This is a motion for judgment under Rule 50(b), 28 U.S.C.A. following section 723c. The action was for personal injuries alleged to have been caused by the defendants' negligence. The jury was unable to agree and was discharged.
The plaintiff, an experienced steeple-jack-painter, employed by an independent contractor, was injured while painting a structure called a "stove", a circular iron tower 90 feet in height, having a sloping...
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