Crisp v. Kitchin Lumber Co.

In substance tbe case is tbis: Tbe plaintiff and other workmen were engaged in removing trees, logs, stumps and rocks from tbe right of way of a proposed lumber road. Tbe foreman directed tbe plaintiff to assist in rolling a large chestnut log down tbe bill. There was a limb under tbe log, which, according to tbe evidence, projected about two feet beyond tbe log. When tbe log began to roll tbe limb was thereby released and flew up and bit plaintiff on tbe hip, inflicting injury. There was nothing to indicate to tbe foreman that tbe limb was likely to cause injury.

Tbe evidence leaves upon us…