Uhlrig v. Shortt

The opinion of the court was delivered by

Parker, C. J.:

This is an appeal from a judgment sustaining a demurrer to plaintiff’s evidence in an action by a farm hand to recover damages for the loss of an eye.

The facts, which are not in serious dispute, will be related at some length.

Plaintiff was sixty-one years of age at the time of the accident. He was an experienced farm hand, having worked as a farm laborer and filling silos since he was fifteen years old.

On September 5, 1960, defendant was filling a silo and plaintiff was working inside keeping the ensilage level as it was blown in from the…