Sample v. Schwenck

Plaintiff's intestate, Joseph (“Little Joe”) Waugh, was a farm employee of defendant. He was killed August 2, 1950, when a granary fell on him as he was helping to raise it.

Plaintiff seeks damages for his death, alleging, in four specifications, defendant’s failure to provide a safe place to work, reasonably safe tools and equipment, adequate support for the board upon which the jacks were set and supports and braces sufficient to prevent the building from slipping off the supports. In a second count plaintiff alleged general negligence relying on the doctrine of res ipsa loquitur.

The trial…