Gibson v. Lamesa Cotton Oil Co.

RUSSELL, Circuit Judge.

In this action the appellant sought to recover damages for a serious and permanently disabling injury sustained upon the premises of the defendant when he stepped into a seed conveying auger in the seed tunnel of the defendant’s cotton oil plant. The basis of his claim was that he was upon the premises in the status of an invitee because of the well established custom of the defendant during seasonal peaks of manufacture to employ workers not in the office alone, but generally in and about its buildings and yards. Upon the trial the defendant, both at the conclusion of…