Bagby v. Barton

HUTCHESON, Circuit Judge.

The suit was for damages for personal injuries. The claim was that while on a platform maintained by defendants for unloading cattle from cattle cars, plaintiff was injured by stepping into a hole in the platform negligently allowed by defendants to be there. The defense was that plaintiff was not. on the platform where he was hurt, in the interest or for the advantage as well of defendant as of himself and therefore an invitee, but was a mere licensee, there for his own interest, convenience or gratification. There was a trial to a jury, and evidence establishing the…