Tarbell v. Rivera

— Joe Rivera, hereinafter called appellee, brought suit against J. Gr. Tarbell, O. H. Tarbell and H. W. Steele, copartners under the name of Tarbell Transfer Company, hereinafter called appellants, for damages for personal injuries which he alleged he had received while in their employ. The complaint alleged among other things:

“That defendants . . . own and conduct a plant . . . where gasoline is used as the motive power to operate the machinery and appliances employed in washing sand, classifying gravel, and crushing rock. That . . . plaintiff was in the employ of defendants engaged in the…