SERVICE PIPE LINE COMPANY v. Donahue

I am forced to dissent in this case. In the first place the trial court erred in not sustaining a demurrer to the evidence because there is no evidence that the defendant was guilty of any negligence which *852caused the death of the deceased, Wilbur Lee Pratt. The only duty Pratt had to perform outside the building was to raise the flag each morning. He was never instructed to make repairs' on the flag pole. No fair minded person would ever say that there was anything dangerous about this roof and flag pole to a person whose only duty was to raise the flag. For the thing he was to do, Wilbur…