Johnson v. Simpson County Seed & Implement Co.

CLAY, Commissioner.

Plaintiff appellant is a 13-year-old boy who suffered injuries to his toes when a piece of heavy machinery owned by defendant appellee fell on his foot. At the conclusion of plaintiff’s evidence the trial court directed a verdict for the defendant. It is not clear whether the basis of this ruling was that defendant was not negligent or that the plaintiff was contributorily negligent as a matter of law.

Defendant is in the farm machinery business. Its premises are traversed by two passways used by the public. On the day in question a “Bush-Hog” was situated in a stationary…