Capps v. Pence

CULLEN, Commissioner.

Jerry Capps, while working as a farm hand for Morton W. Pence, was injured when his arms were caught between a roller and belt of a hay baler. He sued Pence for damages. At the conclusion of the plaintiff’s evidence, the court directed a verdict for the defendant, apparently on the ground that Capps was contributorily negligent as a matter of law. Capps has appealed, contending that there was a jury issue on negligence and contributory negligence.

The baler was a “pick-up” baler, being pulled by a tractor. As the baler moved over the field, the hay was picked up on an…