Ferguson v. Lounsberry

While operating a power-driven corn elevator on the farm of his defendant employer, plaintiff’s clothes became entangled in its mechanism and he sustained injuries. The jury returned a verdict in his favor for $65,000. Defendant’s post-trial motion for judgment notwithstanding the verdict or in the alternative for a new trial was denied. From this judgment entered on the verdict and the denial of his post-trial motion, the defendant appeals.

Defendant first asserts that the plaintiff was guilty of contributory negligence which bars his recovery. This requires our scrutiny of the situs, the…