H. T. Whitson Lumber Co. v. Upchurch

Opinion op the Court by

Judge McCandless

Affirming.

Otto Upchurch, an infant twelve years of age, was employed by the Whitson Lumber Company to haul lumber from its sawmill to its yard a short distance away. This was done by an iron truck drawn uipun a tramway by a mule, he driving the mule and assisting in unloading the lumber. It appears that some loose plank were scattered along the driveway, and he says that the company’s agent promised him to move them out of the way.

In the early morning of his second day at work, while walking beside the truck, his pants leg caught on a plank, and he was…