Ozan Lumber Company v. Bishop

The questioned judgment is for $5,000 in .favor of W. Gr. Bishop, who sustained personal injuries when struck by a falling plank March 26, 1940.

Red Russell, Donnie Brown, and appellee were wrecking “stalls,” or “bins,” preparatory to new construction. Appellee testified that immediately preceding the injury he had been knocking planks from studdings. Russell was at one end of the planks and appellee was at the other end. They began at the top and worked down. Brown “cleaned up” and carried the lumber away, or stacked it, as the carpenters made it available.

Appellee says he “turned and walked…