Smith v. Jewell Cotton Mill Co.

The petition for damages is not based upon any wilful or wanton conduct of the defendant toward the deceased as a trespasser, or as a mere licensee upon the defendant’s premises, but is based upon its failure to exercise ordinary care and diligence in keeping the premises safe for the deceased, who at the time of the injury was waiting as a customer for his cotton to be ginned by the defendant ginnery, and while warming in the boiler room on a cold and chilly morning was fatally scalded by an explosion of the boiler through alleged negligence of the defendant. The court sustained a general…