Kelly v. DAVIDSON

This is an action by the appellee, Jack Davidson, against appellant, Opha Kelly, and his son, appellee, Jack Kelly, to recover damages on account of personal injuries alleged to have been caused when the appellee Davidson, in the company of appellee Kelly and one Roy Browning, went to the premises of the appellant, Opha Kelly, and assisted in the cutting down of a box elder tree, said tree falling upon the person of appellee Jack Davidson, injuring him.

The record reveals the issues were made by each of the parties following the proper pleadings, the cause was submitted to a jury, which…