Barnwell v. Elliott Et Al‪.‬

March 11, 1954. Appellant, Tom Barwell, an uneducated and unskilled Negro laborer about 40 years of age, while loading lumber on a truck on February 16, 1951, sustained a rather serious injury when a heavy piece of lumber fell from a nearby stack or pile behind him, striking one of his legs. He brought suit against respondents by whom he was employed in their sawmilling operations. Respondents entered a general denial and also pleaded contributory negligence and assumption of risk. On the trial of the case, timely motions were made for a nonsuit and a directed verdict. Both motions were refused and the jury found for appellant in the sum of $3,000.00. Thereafter the trial Judge set aside the verdict and entered judgment non obstante veredicto for respondents upon the ground that appellant had failed to establish negligence. The sole question presented by this appeal is whether there is any testimony reasonably warranting an inference of negligence on the part of respondents in one or more of the specifications alleged in the complaint.