Smith v. Drinkwater

This was an appeal by plaintiff from a judgment ordered by the court below for the defendant notwithstanding a verdict for the plaintiff. The plaintiff was the only witness on the issue of liability so that his testimony constitutes the evidence most favorable to him and the facts are not in dispute.

The plaintiff was employed by one Thayer and was engaged in the loading and transportation of logs. The defendant was the owner of a truck being used for the purpose and was also participating with Thayer and the plaintiff in the loading operation. The defendant operated a crane attached to the…