The facts in this case are identical with those in the case of Noble v. Crane & Co. (decided by this court at the June session) 1G9 Fed. 55, where we affirmed an instruction for the defendant company. It was error in the court below to deny the request by plaintiff in error for a similar instruction ; Noble and Sesher having been hurt by the fall of the same scaffold at the same time. Reversed, and remanded for new trial.