#### Thomas D. Smith, Appellant, v. Thomas Freeman and Martha Freeman, Appellees.

(Not to be reported in full.)

Abstract of the Decision.

1. Master and servant, § 688 * —when evidence sufficient to sustain -finding as to construction of scaffold by employee or knowledge *639 of defective condition. Evidence held sufficient to sustain the finding either that plaintiff constructed the scaffold by the breaking of which he was injured, or had full knowledge of its construction and condition before he went upon it, in an action to recover damages for such injuries sustained while plaintiff was working as a carpenter in building a porch for defendants.

*638Appeal from, the Circuit Court of Vermilion county; the Hon. Walter Brewer, Judge, presiding. Heard in this court at the October term, 1916.

Affirmed.

Opinion filed April 16, 1917.

Statement of the Case.

Action by Thomas D. Smith, plaintiff, against Thomas Freeman and Martha Freeman, defendants, to recover damages for personal injuries sustained by plaintiff while working as a carpenter in building a porch for defendants. From a judgment for defendants, plaintiff appeals.

Walter T. Gunn, for appellant; Thomas A. Graham, of counsel.

Tilton & Taylor, for appellees.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Eldredge

delivered the opinion of the court.

*6392. Instructions, § 159*—consideration as series. The instructions taken as a series held to have fairly instructed the jury.