Gibson Ex Rel. Black v. Leaksville Cotton Mills

The defendant introduced no evidence, and at the close of plaintiff’s evidence made a motion for judgment as in case of nonsuit. C. S., 567. The motion was granted and plaintiff excepted, assigned error and appealed to this Court. We think the court below should not have allowed the motion.

Gibson was a youth, fourteen years old. One Murray was his boss, or superintendent, and the evidence on the part of plaintiff is to the effect that he did not instruct him as to the danger. Gibson testified, in part, as follows: “Mr. Murray told me to do what I was doing at the time I got hurt. I was up on…