Haney v. Canfield

The opinion of the court was delivered by

Wedell, J.:

This was an action to recover damages for personal injuries. Plaintiff recovered, and defendant appeals.

Appellant first contends the jury’s sole finding of negligence was outside the issues.

Appellee was employed by defendant, a farmer, to assist in the *598completion of a water well which was then about fifty feet deep. Previously a hole in the bottom of the well had been tightly plugged to prevent water from entering. At the time of the injury plaintiff was in the bottom of the well endeavoring to fasten a hook or spear into sacks and packing…