Shaw v. Kendall

Plaintiff, then a minor fourteen years of age and employed on the farm of the defendant, was injured while tending a threshing machine. He brought suit to recover damages in the district court of Phillips county. Trial was had before a jury which returned a verdict for the defendant, and judgment followed. This appeal is from the judgment.

In his answer to the complaint defendant set up three affirma tive defenses, viz., that plaintiff was a volunteer, that he assumed the risk and that he was guilty of contributory negligence. The first of these defenses was abandoned upon the trial. The…