Hale v. McGinley

Hatcher, Judge:

The plaintiff labored for defendants, who were in the timber business. They were not subscribers to the Workmen’s Compensation Fund. In the course of plaintiff’s employment, his hand was painfully cut and per manently injured by an axe wielded by Charles Frazier, a fellow workman. For that injury, plaintiff recovered a judgment of $1500.00.

There were no eye witnesses of the accident besides plaintiff and Frazier, and their accounts differ. Plaintiff testified that he was uncovering the root of a walnut stump with a mattock; that as he raised the mattock, the axe struck his…