Martin v. Beck

On April 23, 1935, appellant was the contractor engaged in the construction of a link of concrete highway in Sunflower county. In this construction the usual machinery for such work was used, and there was the usual change and shifting of the men and machinery from point to point along the road as the work progressed, and the machinery would be left upon the road at the end of each day’s work. Among the equipment or machinery was a tractor, a mixer, and a finishing machine, each of which was propelled by gasoline. Appellee was the night watchman, and he had been so engaged for about a month.…