Nyback v. Champagne Lumber Co.

SEAMAN, District Judge.

The plaintiff was seriously injured more than 10 years ago while employed in the defendant’s mill, and this is the fourth trial of his suit to recover damages for alleged negligence on the part of the defendant as the proximate cause thereof. The issues thereupon present no serious conflict in the evidence, and on two writs of error the Circuit Court of Appeals (90 Fed. 774, 33 C. C. A. 269) has held that the issues of negligence were for the jury on the testimony; clearly upholding the sufficiency of the case on the part of plaintiff for submission. As now presented,…