Welling v. Kalamazoo Lumber Co.

(after stating the facts). There are some 45 assignments of error, only a few of which we will consider. We find it unnecessary to pass upon the propriety of allowing the amendment, as the case must be reversed upon other grounds.

It appeared that the factory inspector had never ordered a guard to be placed upon the saw in question. Plaintiff then endeavored to show that it was customary to use guards upon such machines in that vicinity. At the close of the evidence of the only *344witness by whom it was sought to show this custom, the following occurred:

“Mr. Adams: I move to strike out the…