Bottoms v. Botts

BLACKBIRD, Justice.

Plaintiff in error was injured August 22, 1956, when he was caused to fall into a septic tank excavation, with a concrete floor, by a ready-mix concrete truck owned by the partnership of Botts, Hulme & O’Dell, one of the defendants in error, and operated by another defendant in error, Royal D. Hodge, backing into a “batter board” plaintiff in error was holding in front of him while standing in or on a wooden form erected to hold concrete to comprise one of the septic tank’s walls. When, thereafter, in December of the same year, plaintiff in error instituted this action…