Taylor v. American Clay Co.

The plaintiff’s thirteen-year old son met his death in the hopper of a crusher at the defendant’s kaolin plant. The action is based upon the theory that the relation of master and servant existed. There was no proof of any employment, except the hearsay statement of the son to the father that he had been hired, and the physical fact that he had been rolling a wheelbarrow with clay in it a short while before the fatal, mishap occurred. The proof does not show how the boy happened to get into the hopper. The top of the hopper was flush with the floor on which the clay was rolled. Whether he…