Lewis v. Barton Salt Co.

*164The opinion of the court was delivered by

Smith, J.:

This action was brought under the factory act (Laws 1908, ch. 356), by Lewis, an employee, to recover damages for personal injuries received by reason of the alleged failure of the employer to safeguard a salt pan upon which, it is conceded, it became necessary for the plaintiff to ascend to adjust the machinery in the course of his employment.

In addition to the allegation that the defendant failed to furnish the salt pans with proper guards and platforms to avoid injury to the employees, the petition alleged that on the night the accident…