Burton Construction Co. v. Metcalfe

Opinion of the Court by

Judge Hurt

Reversing.

On tbe 15th. day of July, 1912, John Metcalfe and a number of other persons, as employes of the Burton Construction Company, were engaged in knapping rock. This we understand to he the process of reducing rocks into very small pieces by the use of a small hammer upon them. The appellee and those associated with him performed this labor upon a flat piece of ground at the mouth of a hollow, at the foot of a hill. While engaged *367in this work it was necessary for the appellee and his associates to sit down upon the ground, or upon some very low object, so…