Partney v. Agers

— This is an action for damages for personal injuries sustained by plaintiff when he was run into by defendant’s truck. There was a verdict and judgment for plaintiff b^low, from which judgment defendant has appealed.

Plaintiff was employed as a roustabout by the Whaley & Scott Mining Company on the date of the accident, October 13, 1942, and had been so employed for about two years prior thereto. The accident occurred on the private property of Whaley & Scott Mining Company, where the mining company was operating a tiff mill. The property was situated immediately south of a public highway,…