Davis v. Davis Foundry & Machine Works

Hodges, J.

The petition in this ease showing that if the servant was injured, he was injured by the negligence of a fellow servant, and that the injury was incident to the risk assumed in the service, the court did not err in sustaining the demurrer and dismissing the petition.

Judgment affirmed.

Action for damages; from city court of Floyd county — Judge Nunn ally. February 15, 1916.

Harris & Harris, for plaintiff. Barry Wright, for defendant.