Barnett v. Noble

Appellee was employed by appellant as a farm hand. On the morning of the injury complained of they went to a gravel pit upon the farm of appellant for the purpose of gathering up some old boards and lumber. Appellee was upon the wagon driving, appellant collecting the old boards and posts, putting them upon the wagon; while doing this a board was picked up,, which had a large spike at one end which bent out over the end of the board; this was thrown upon the wagon by appellant with sufficient force that the spike penetrated the calf of appellee’s leg.

Appellee with appellant went to the house…