Rush v. Brown

The opinion of the court was delivered by

Wedell, J.:

This was an action by a farm laborer to recover damages from his employer for personal injuries sustained while he and defendant were operating a cultivator, more particularly designated as a disk tiller, drawn by a tractor. The jury returned a verdict for plaintiff, and defendant appeals.

The first complaint is, defendant’s general demurrer to plaintiff’s evidence should have been sustained. The evidence of plaintiff was in substance as follows: The disk tiller was new to plaintiff (the record refers to it both as a “one-way” and as a “disk…