M. F. Ryan v. Roscoe Noble

WHITFIELD, P. J. -- The declaration in substance alleges that Noble was in the employ of Ryan who was engaged in the occupation of operating automobiles for public use; that one of defendant's trucks was transporting steel grips or beams; that plaintiff with six other employes of defendant Ryan was engaged in unloading said steel grips or beams from said truck; that the said seven employes of defendant lifted a beam and five of th employe having hold of the grip or beam suddenly loosened their hold and let the beam drop, but to the carelessness and negligence of the said five employes, which injured plaintiff by so smashing the index and second fingers of his right hand as to make it necessary to have them amputated; that plaintiff was wholly without fault in the premises. Damages in $15,000.00 were claimed. A demurrer to the declaration was overruled. Pleas were filed of not guilty; that the defendant was not engaged in the occupation of operating automobiles for public use, but was engaged in a private business or enterprise of hauling material from the docks to a stated gas plant by virtue of a stated private contract; assumption of risk; that the injury and damage were caused by the negligent act of plaintiffs fellow servants; that the injury was caused by the negligence of the plaintiff and of a fellow servant who were jointly engaged in performing the act causing the injury, and defendant was guilty of no negligence contributing to