Idaho Supreme Court February 20, 1936, No. 6238. (Martin v. Brown)

*381

MORGAN, J.

Respondent is the owner of a sawmill and lumber yard at McCall, in Valley County, to which appellant went with his truck to buy four planks. The foreman of the mill accompanied him to the place in the yard where the planks were located and they commenced to load them on the truck. The foreman took a plank from the pile and started with it to the truck.