Maestas v. Alameda Cattle Co.

On Motion for Rehearing.

WATSON, J.

Appellant vigorously renews and ably reargues two questions: Insufficiency of the complaint to state á cause of action, and variance between complaint and proof.

Under the first point it is again urged that the facts as pleaded disclose that the unguarded condition of the machinery was not the proximate cause of the injury.

The question of causation has produced much nice reasoning and many divergent views. The ease before us does not involve great difficulty, as we see it. 'We deem argument unnecessary to demonstrate that, as the facts were pleaded, the…