Ivey v. Eastern Cotton Oil Co.

The only question of law presented is whether there was sufficient evidence -of negligence to be submitted to the jury. The sole element of negligence relied upon as a basis of liability is whether the cotton seed caved in, thus precipitating the body of plaintiff’s intestate into the funnel where he was smothered by the crushing flow of the seed. The evidence, however, does not disclose a slide of seed at the time the body of plaintiff’s intestate was discovered. Indeed, .the un-contradicted testimony tends to show that the fork used by the deceased was standing up in the pile of seed at or…