Barger v. Oswalt

BOULDIN, Justice.

Houston Barger sued Ottie Oswalt for personal injuries. The alleged cause of action is based on the relation of master and servant. There was verdict for defendant.

'Defendant was the owner of and personally operating a small sawmill with tractor power. Plaintiff was an employee working at the mill.

On the occasion of the accident the mill was sawing, as suitable logs came in, some heavy green pine timbers, 14x14 inches, 16 feet long, and 8x16 inches, 16 feet long. When one of these timbers was sawed, all hands, as part of their duties, assisted in removing the timber from the…