Barbe v. Barbe

BERRY, Justice.

The parties, who appear here in the same relative position as in the trial court, will be referred to herein as they appeared in said court.

In so far as material, plaintiff alleged in his petition that he was assisting his brother Worley in constructing a concrete cellar at the latter’s home; that defendant, who also is plaintiff’s brother, furnished the tractor and concrete mixer used in the construction work; that the mixer was operated by a drive shaft connected with the power take-off on the tractor and the mixer; that while working near mixer, plaintiff’s clothing became…