Phillips v. Dixie Stores, Inc.

The opinion of the Court was delivered by

Mr. Justice Bonham.

Carl A. Phillips was employed by Dixie Stores, Inc. Among the duties of his employment was that of driving trucks, and of delivering freight therefrom. March 10, 1936, he drove a truck laden with potatoes from Greenville, S. C., to Lenoir, N. C. Each sack of potatoes weighed from 150 to 200 pounds. While unloading the potatoes, with a bag of them on his shoulder, he stepped on the tailgate of the truck, which had been let down and which was held up by chains. These broke, or came loose, and he fell to the ground, some four or five…