Callahan Construction Co. v. Thomas

Opinion of the Court by

Judge Miller

Reversing.

The appellee, a negro hoy under 21 years of age, was injured in July, 1913, while working for the appellant in the construction of a railroad in Whitley County. On August 5th appellee sued appellant for damages and secured a judgment by default for $300.00 on September 13, 1913. The damages were assessed by a jury upon evidence heard. The appellant was before the court by service of process, and no question is made as to the sufficiency of that service, the sufficiency of the proof or .the pleadings, or the regularity of any of the steps taken…