Shoemaker v. Bryant Lumber & Shingle Mill Co.

*639The opinion of the court was delivered by

Mount, J.

Action for damages for personal injuries. Plaintiff below recovered a judgment against defendant for $3,100 on account of injuries received in defendant’s shingle mill. Defendant appeals.

The gist of the cause of action, as alleged, is negligence on the part of the defendant. The negligence consisted in maintaining a defective piece of machinery, which der feet and the danger incident thereto, were known to defendant and not known to plaintiff, and they were not the usual risks incident to the employment of plaintiff. The plaintiff was an…