Bailey v. Prime Western Spelter Co.

Per Curiam,:

The controlling evidence in this case was given by witnesses who demonstrated the facts by using a model of the machine by which the decedent was killed. Here is a typical question and answer:

•• “Ques. You say he put his hand in just the way you are doing it there? Ans. Right in this way [indicating] under that spout, and when he tripped it appeared like his hand turned over that way [indicating] .”. The model is not before this court, and if it were the demonstrations could not be reproduced here. Consequently the general and special findings of the jury will not be disturbed as…