Maddox, Bishop, Hayton Frame & Trim Contractors, Inc. v. Lambdin

Quillian, Judge.

1. The appellant contends that the evidence *64demanded a verdict for it because the plaintiff failed to prove a prima facie case of negligence on its part. With this contention we cannot agree. The evidence disclosed that the defendant’s employee had been removing the lumber for about thirty minutes before it fell; that taking the lumber off the front side made the pile heavier on the back side and it fell; that the employee had seen lumber stacked like this fall a good many times when it was taken off one side.

It can not be said as a matter of law that the jury would not have…