Robinson v. Tester

Opinion op the Court by

William Rogers Clay, Commissioner

Reversing.

Plaintiff, James S. Tester, brought this suit against F. W. Mowbray and E. O. Robinson, as partners, and 'Mowbray & Robinson, a corporation, to recover damages 'for personal injuries. The trial before a jury resulted in a verdict and judgment in favor of plaintiff. for $750.00 against P. W. Mowbray and E. O. Robinson, who prosecute this appeal.

Plaintiff was injured while working in a saw mill, and the grounds of negligence relied on were: (1) unsafe place; (2) unsafe machinery; and, (3) failure to warn plaintiff of the dangers…