Swails v. Carpenter

It is apparent from reading the majority opinion that the evidence is conflicting in several particulars, yet the jury in considering the entire testimony of all the witnesses was authorized to conclude that the plaintiff’s tractor fell into a hole which could have been a stump hole and that such was within the knowledge of the defendant and unknown to the plaintiff; that the plaintiff had been driving this tractor at a slower speed which he considered to be safe and that the defendant expressly directed him to drive the tractor at a faster speed over this particular field after protestation *125f…