Atherton v. Stacey
Atherton v. Stacey
Opinion of the Court
Opinion by
The law and facts were submitted to the court. The evidence conduced to show that the appellee’s vocation is that of a well digger, and as such was employed by appellant to wall up his well. The employe of the appellant, in carrying brick to the mouth of the well, negligently and carelessly caused one or more bricks to fall upon the appellee, who was in the well at work, and severely in-, jured him. That the person carrying the brick was in the employment of appellant at the time, and in the course of the employment committed the injury is clearly shown. The fact that he was told not to carry the brick near the well is evidence of appellant’s caution, but not such as would release him from the negligent act of
Case-law data current through December 31, 2025. Source: CourtListener bulk data.