Smallegan v. John Smallegan & Sons

Defendant John Smallegan & Sons is a copartnership consisting of three brothers, one of whom is plaintiff in this suit. They operated a general store and each brother had a more or less particular duty to perform. On April 17, 1933, plaintiff in the course of his regular work was waiting upon a customer who desired to purchase some lime and sulphur. This solution was kept in barrels outside the store and upon a raised platform about two feet high. Upon this particular occasion it was necessary to set up a new barrel upon the platform. Plaintiff produced testimony to show that before he…