Bersch v. Morris & Co.

*801The opinion of the court was delivered by

Burch, J.:

The action was one for compensation for injuries received by a workman while cleaning a casing machine in the defendant’s packing house. The defense was that the plaintiff willfully failed to use a guard, provided by the employer, which would have prevented the accident. The plaintiff recovered, and the defendant appeals..A witness for the defendant described the machine as follows :

“The machine weighs about twenty-five hundred or three thousand pounds, and consists of a scraper, a clipper, a drum, a big iron cylinder or roller, a cast-iron…