Savoy v. Butler

In this tort action the plaintiff employee was struck by a tree felled by the defendant employer. Two issues are presented by the defendant’s motion for a new trial: (1) contributory negligence of the plaintiff, and (2) damages. The defendant in argument agrees that the evidence warrants a finding of negligence on his part.

It will serve no useful purpose to review the record in detail. The evidence we must consider in the light most favorable to the plaintiff. In brief, the plaintiff and defendant on a clear winter day were engaged in cutting wood. The plaintiff was “scarfing” or “notching”…