Allen v. Quercus Lumber Co.

Appeal from Butler County Circuit Court. — Hon. J. G. Sheppard, Judge. * (1) Tire burden was upon the respondent to establish by a preponderance of all tbe evidence, three facts: First. That Foister was inexperienced, unskilful, habitually careless and incompetent to operate the derrick and engine with reasonable safety to respondent and others employed around same. Second. That appellant either knew of such incapacity, or by the exercise of ordinary care would have known of it. Third. That respondent’s injury was the direct and proximate result of such incapacity of said Foister. A failure…