SUPREME COURT OF THE CANAL ZONE.

to 10 years' penal servitude in the penitentiary, and for which he could have been sentenced for any number of years; and that there is not a State or Territory in the Union or any civilized country in the world where he would have been denied a jury on such a charge. He was, therefore, by the use of a technicality (which was, in my judgment, insufficient for the purpose) deprived of a most substantial right, the right to trial by jury; and if by a technicality of pleading it is attempted to deprive a defendant of a jury trial, then I think such technicalities should be strictly construed. It is a poor rule that does not work both ways. In other words, I do not think courts should look with favor upon technicalities that go to deprive one accused of murder of a jury trial, and at the same time look with disfavor upon objections thereto because the objections may be somewhat technical. All this is entirely aside from the fact that the defendant was found guilty by a single judge, and sentenced to 10 years' penal servitude for shooting the destroyer of his home, under circumstances that would probably have resulted in his acquittal by any jury in any State of the Union.
Realizing this, the suggestion of executive clemency has been made, but it is not a case of clemency. It is a case where the defendant is entitled by law to a new trial for insufficiency of the information, and also because he was legally entitled to a jury. For the reasons stated I, therefore, dissent from the opinion and judgment of affirmance herein.
CODRINGTON versus McCLINTIC-MARSHALL CONSTRUCTION COMPANY.
No. 120. Argued September 24, 1913. Decided November 18, 1913.
ASSUMPTION OF RISK.
One who is ordered to ascend a scaffold in the course of his employment, upon
the collapsing thereof, immediately after his ascent, is not precluded from recovery in a suit against the employer for damages for personal injuries
upon the theory of assumption of risk. NEGLIGENCE. FELLOW SERVANT. A master is not relieved from liability for damage to his servant caused by an
improperly constructed scaffold upon the ground that the same was erected
by fellow servants of the one injured.

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