Wells v. Nibler

This action was brought under the state Employers’ Liability Act. Plaintiff was directed to climb a locust tree on the farm of the defendant to trim some limbs. The tree was about one-and-one-half to two feet in diameter on the trunk and approximately forty or fifty feet in height. At the time of the accident, plaintiff, after having shinned up the tree, was about twenty feet from the ground equipped with a small saw and was engaged in sawing a limb about six or eight inches in diameter. While plaintiff was thus engaged, the limb began to break and fall before it was completely cut off,…