The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1921-04-13
Supreme Court
AffirmS Verdict.
BURTON CLARK GIVEN $4,500
DAMAGES FOR LOSS OF
ARM.

The following opinion of the Sup
rene Court in the case of Burton Clark
Holman VS.. Martin Goche is of inter-
est to farmers and other employers OF
minors in that it shows how far such
employer must assume risks and are
liable for damages.
Syllabus.
l. A minor in the employ of another
assumes the risks incident to his en-
ploynlent Of all such apparent dangers
as he is capable of comprehending and
ayaiding.
2. The duty of an employer in en-
gaging and placing a minor at dan
gerous employment is largely mea-
sured by the capacity of the minor to
comprehend and avoid the dangers of
such employment.
5. The question of the assumption
of risks and of contributory negligence
hinges upon the question of the capa-
city of the minor for the particular
work in which he was engaged.
4. In determining the capacity of a
minor to perform the work and avoid
the dangers of particular employ
ment, the character of the work, the
circumstances under which it is to be
performed and the previous experience
of the minor should be considered.
5. The question of contributory
negligence and Of assumption of risk
in this case, were, under the evidence,
for the jury to determine.
6. The evidence justifies the sub
mission to the jury of the question of
defendants negligence, and supports
the amount of the verdict.
Opinion.
1t appears that at the time of his
injury plaintiff was less than IA years
of age. His father was not living.
His mother had remarked and he was
living on farm with his grandmoth-
er and uncle. In August, 1919, plain
tiff entered the employ of defendant
as farm hand. On the 21st day Of
that month the defendant instructed
the plaintiff to take team and now
ing machine and NOW a certain piece
took as directed. 1t is contended on
behalf of plaintiff, and there is .testi
mony tending to show, that portion
of this meadow had been, at some pre-
vions time, cultivated and allowed to
go back; that a portion thereof had
been in corn, then seeded, the corn
stalks remaining theron; that other
portions were wet, covered with bogs,
and so rough that it was with Difficult
ty that the driver could sit on the
seat, drive the team, and at the time
operate the cutting bar over the rough
places; that the moving machine had
been in use upon the farm for a num-
Der of years; that it was not in the
same condition as when new in this,
that the lift had been changed so that
the pedal was removed farther from
the seat than it should have been,
thereby requiring more power to raise
and operate the cutting bar over hum
mocks. There is testimony to the eff
feet that it required a pressure of So
pounds upon the foot pedal to proper
ly raise the cutting bar; that the boy
weighed 65 pounds; that it required
nearly his entire weight to operate the
foot lift; that it was necessary for him
to sit forward on the edge of the seat
in order to place his foot on the pedal
so as to lift the bar quickly as occa-
sion might require; that one of the
horses was much faster than the 9TH
er and would bite and snap at the
other in turning the corners, and they
were hard to manage; that when he
had moved several rounds the mower
struck hummock and threw the boy
onto the wheel in such a way that he
fell onto the cutting bar, his arm COM
ing into contact with the sickle and
being severed above the elbow. There
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