Kelly v. Fletcher-Merna Co-Operative Grain Co.

ROETH, JUSTICE.

Suit was brought by plaintiff herein to recover damages for an injury he sustained while doing work for the defendant. A trial by jury resulted in a verdict for the plaintiff, upon which judgment was entered. Post trial motions were made and denied and this appeal taken.

Defendant, a cooperative association for pecuniary profit, contracted with the plaintiff to transfer corn from government storage bins to certain storage bins of the defendant some distance away. The agreement was oral and it is clear that plaintiff was to do all work necessary in connection with the transfer of…