Stone v. Cook

Beasley, Judge.

Cook, a farm laborer, suffered a broken foot while riding on the fender of a tractor owned and driven by Stone, Cook’s employer. Cook sued for damages resulting from Stone’s alleged negligence. Stone contends there is no evidence that he was negligent and that if there is, Cook is precluded from recovery because he assumed the risk by riding on the fender. The jury, after being instructed on the principles of negligence, accident, assumption of the risk, comparative negligence, and contributory negligence, returned a verdict for Cook. Stone enumerates as error the trial court’s…