Shields v. Church Brothers, Inc.

Kessel, Judge:

This case is before the Court upon an appeal to the judgment of the Circuit Court of Wyoming County in an action instituted by Carlton Shields, as the plaintiff, against Church Brothers, Inc., a corporation, as the defendant, to recover for personal injuries sustained by the plaintiff when a bulldozer, operated by an employee of the defendant, struck a log which caught on a stump, causing the log to “whip” and strike the plaintiff on the right leg, fracturing the tibia and fibula of the plaintiff’s leg. The jury returned a verdict against the defendant and in favor of the…