Harvell v. . Lumber Co.

The plaintiff, an employee, was injured on a platform of the defendant, on 22 April, 1909, while at his work. He alleges in his complaint:

"5. That for about four months prior to said 22 April, 1909, there had been a hole in the floor of said platform about 10 inches wide and 4 feet long and located in the passway between said tracks running to kilns Nos. 2 and 3, which said hole was caused by the breaking of a plank which formed a part of the floor of said platform.

"7. That on or about 22 April, 1909, it became necessary for the plaintiff, while in the performance of his duty, to pass along…