Verna v. Lopresti

Opinion by

Hiet, J.,

In this action by a widow-plaintiff for the death of her sixteen-year-old son, the verdict was for her in the sum of $1,500. Defendant’s appeal is from the refusal of judgment n. o. v. in his favor.

The boy was employed by defendant, an experienced farmer, to help him harvest a field of oats. For the purpose, defendant used a tractor attached to a combination mowing and threshing machine referred to as a combine. The machine weighed about a ton and one-half and a part of it was eleven feet high. Five feet above the ground there was a platform with a guard rail, upon which…