Buffalo Shook Company v. Barksdale

Charlie Barksdale, plaintiff below, brought this action against Buffalo Shook Company, Inc., and its employee, Thomas Henry Brown, defendants, for damages for personal injuries. A jury returned a verdict in his favor for $17,000, on which the court entered judgment, and the defendants have appealed. They contend that (1) the exclusive remedy of plaintiff was under the Workmen’s Compensation Act; (2) the plaintiff assumed the risk; (3) the court erred in refusing their Instruction D, and (4) in permitting the pleadings to be taken into the jury room.

The plaintiff was a truck driver employed by…