Hercules Powder Co. v. Thompson

Appellee, who sued by next friend, is a minor and was the plaintiff in the trial court and appellant the defendant. The proof sufficiently shows that the plaintiff was employed by defendant to drive a truck in the woods in hauling pine stumps. Because of the wooded terrain it was necessary to carry an axe which, while not in use, was customaryily carried on the floor of the truck cab. A substantial portion of this cab floor consisted of a tin floor board, and the axe would lie in whole or in part on this board. When the truck came from the manufacturer the floor board was fastened down on its…