Howell v. Iola Portland Cement Co.

*284The opinion of the court was delivered by

Smith, J.:

This is an action which the appellee brought under the factory act (Gen. Stat. 1909, §§ 4676-4683) for damages for personal injuries inflicted upon him by machinery operated in appellant’s factory. The appellee claims to have been engaged in the discharge of his duties as an employee of the appellant; the claim being that the machinery was not. properly safeguarded as required by that act.

The case was tried to a jury and a verdict was returned in favor of the appellee for $8500, and, after a. motion for a new trial had been overruled,…