Heinmiller v. Winston Bros.

Sherwin, J.—

In June, 1902, the defendants were en-. gaged in deepening a cut for the Chicago Great Western Railway 'Company on its line of railway which had been in use for many years. They used in said work a steam shovel described as being fifty-five feet long, twelve feet high, with a smokestack extending six feet above the car, and with a boom twenty-four or twenty-five feet high. This cut was spanned near its center by a public highway bridge, the floor of which was from twenty-eight to thirty feet above the bottom of the cut. At the precise time that the plaintiff received the injury…