MR. JUSTICE SCHWARTZ delivered the opinion of the court.
Plaintiff, a stationary engineer employed by defendant in its power plant at Toledo, Ohio, brought this suit for personal injuries sustained by him on March 19, 1948, when a smokestack fell and he was struck by a falling steel plate. The jury returned a verdict of not guilty. The usual post-trial motions were made and denied, and judgment was entered on the verdict, from which judgment plaintiff appeals.
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