Smith v. . Lumber Company

Civil action to recover damages for an alleged negligent injury caused by a limb striking plaintiff's left eye and putting it out, while engaged in ball-hooting logs for the defendant.

The record discloses that on 2 October, 1928, and for sixty days prior thereto, the plaintiff was in the employ of the defendant "nosing, bumping and ball-hooting logs," which means "rounding the ends, cutting off knots and limbs, and taking peaveys and handling the logs, moving them and getting them to the place where they will slide endways down the hill or mountain themselves."

During the morning of the day of…