McCorstin v. Mayfield

MASSEY, Chief Justice.

E. C. Mayfield, a person subject to epileptic seizures, was the employee of W. N. McCorstin. On December 20, 1951, May-field was at work tearing boards or sheathing from the wall of a 16 x 24 ft. “tack-room” in a barn. J. L. Wolfe, another employee of McCorstin, was working in and about the premises. There was a smoldering fire burning in an ordinary washtub in the approximate center of the room where Mayfield was working. The presence of this fire was permitted by Wolfe although he had expressly been instructed by Me- Corstin “not to permit a fire to be built inside the…