Gulley

The plaintiff brought this action to recover damages for personal injuries alleged to have been suffered by him through the negligence of the defendant. The case was tried by the court without a jury and judgment entered in favor of the plaintiff, and from said judgment the defendant appeals.

Appellant contends that the findings and judgment are not supported by the evidence in two particulars: First, that at the time and place of the accident that caused the_ plaintiff’s injuries the latter was a licensee, and not an invitee upon the property of the defendant, and, therefore, the defendant owed him no duty other than to refrain from committing a wilful or wanton injury to him. Second, that the equipment, appliances and methods in use by the defendant in carrying on its business were, at the time of the accident, the same as generally used by others in the same business in that locality; that the cause of the accident was a defective iron rod; that said defect in the rod could not, by any amount of diligence or care on the part of the defendant have been anticipated, guarded against or -prevented.

Bearing in mind the well-established principle of law that courts of appeal will…