McVey v. Gerrald

Offutt, J.,

filed a dissenting opinion as follows, in which Shehan, J., concurred.

The plaintiff in this case, Charles C. Gerrald, is a farm hand. The defendant, E. Wilmer McVey, owns and operates a farm in Cecil County, in this state. There is a barn on the farm in which wheat and similar crops are stored. Access from the floor of the barn to its top is had by means of ladders. On July 11th, 1934, McVey was harvesting wheat and storing it in the barn. He employed Gerrald to help in that work. In connection with the work Gerrald was ordered by McVey to ascend one of these ladders, close certain…