Cravens

Wesley Ray Cravens and Argonaut Insurance Company, plaintiff in intervention, appeal from a judgment of nonsuit in favor of Bob Kurtz and from a judgment on the merits in favor of Fred Dohle in an action brought by Cravens to recover for personal injuries.

It appears from the record that Ray Cravens, plaintiff, was employed as an equipment operator by Fredrickson & Watson Construction Company. His immediate foreman was Fred Dohle, the superintendent in charge of the project on which Cravens was working. On the day of the accident Cravens "was working as a “sheep’s foot tamper operator.” To do this job he operated a D-8 Caterpillar tractor. At the end of his shift Cravens was instructed by Dohle to use the tractor to push brush which consisted of tree stumps and limbs of varied sizes up to, according to some testimony, 18 feet in length. While Cravens was performing this task, one of the tree stumps was caught by the blade on the tractor and flipped up and arced down on plaintiff’s left arm which he had thrown up to protect himself. The arm was crushed against the armrest on the tractor. Serious injuries were incurred and as a result Cravens’ lower arm was amputated.

Cravens…