Scott

Defendants appeal from an order granting a motion for new trial, after verdict and judgment in their favor, in an action brought by plaintiff to recover damages for personal injuries. The appeals are presented by defendants on separate briefs, but all parties are agreed that the main question involved relates to the relevancy of certain evidence as to custom and practice, which the trial court ordered stricken out, and thereupon instructed the jury that it should not consider the same for any purpose in determining the issues of the case.

The accident occurred under the following circumstances: Plaintiff was employed in the plant of the Moore Dry Dock Company, and was engaged in building a dust protector, a large and heavy piece of equipment, which was being built in the boiler shop. He and two assistants were occupied in undertaking to bolt a metal strap to this device preparatory to welding. The two helpers were alongside of plaintiff holding the strap in position, and plaintiff was down on his right knee, with his leg extended behind him, bending over in order to get underneath some “I” beams which were 18 or 20 inches above the level of the floor. Plaintiff and his helpers…