W. J. Fell Co. v. Elswick

Opinion op the Court by

Judge Clay

Reversing.

In the month of October, 1917, Thomas'Elswick, Jr., was engaged with John Compton in cutting timber for the W. J. Fell Company, a corporation. Two or three days before the accident, Compton and Elswick had cut down a large tree which rolled down a hill and lodged against a dead tree. They then proceeded to cut and saw into stave bolts the trees which they had previously felled and to roll them down the hill. After finishing this work, they went to a point about thirty feet below the dead tree for the purpose of sawing’ down another tree. After they…