Mountain Ice Co. v. McNeil

The opinion of the court was delivered by

Walker, Chancellor.

Albert McNeil, nineteen years old, was employed by the Mountain Ice Company, as was also Edward Toomey, fifteen years old. On January 28th, 1914, Toomey struck McNeil a blow on- the head with an ice pick and injured him. On the day of this occurrence the boys had been working together in the ice-house, and Toomey several times tried to pull from under McNeil a box upon which he sat while engaged in his work. McNeil repeatedly told him to stop. Finally they had a scuffle, during which the president and the foreman of the ice company…