Pierce v. Walters

This case comes to us for review on one issue only, that issue being “Is there any genuine issue as to material fact which would entitle plaintiff-appellant to trial by jury ?”

Plaintiff-appellant at the time of the accident complained of was a ten year old boy who, with his father, went to visit his grandmother and step-grandfather, Thomas D. Walters, the defendant-appellee herein, on Mr. Walters’ farm.-

The boy’s father, on the day in question, was working on the farm for the boy’s grandfather. The father drove a truck down a road near the barn and a pond where it would be used in building a…