Holtz v. Daniel Hamm Drayage Co., Inc.

The plaintiff, Mathias Holtz, was employed by the Day-Brite Lighting Company. It was his duty to assist in loading and unloading trucks. On the 25th day of September 1945 the appellant, Daniel Hamm Drayage Company, delivered a "case of steel, aluminum moulding" to the Day-Brite Company. The case of steel was a box sixteen feet long, about four inches square and weighed 440 pounds. The case extended out and over the bed of the appellant's truck about two feet. When the truck was backed up to the loading dock the case of steel on the truck was lower than the deck of the dock, consequently the…