Schlichting v. Radke

(dissenting) I am unable to concur in the majority opinion. The evidence in this case as to the controlling facts is so free from conflict that a question of law is presented as to the status of the plaintiff at the time of his injury. Plaintiff employed by defendant Radke to do general farm work had been so engaged for two or three weeks when he agreed to overhaul on the following Sunday his employer’s tractor. Plaintiff had attended an “auto school” for about three weeks in 1921 when he was nineteen years of age, but had never followed the occupation of a skilled mechanic or been so…