Howell v. Briney

The trial court vacated a judgment in favor of the plaintiff for $37,840 awarded as damages for personal injuries to the plaintiff. Judgment n. o. v. for the defendants was entered, and this appeal followed. The sole issue is the correctness of the trial court’s determination that the plaintiff was guilty of contributory negligence as a matter of law.

The plaintiff was twenty-two years old and had been employed as a farmhand for six years. On the day in question, he and a fellow employee by the name of Thompson were to use some mechanized equipment to load a truck with corn from a bin. This…