Fries

This is an action to recover damages for injuries sustained by plaintiff while employed by defendant in a sawmill, or factory, where lumber was being sawed into small slabs called “pencil boards.” From a judgment in favor of plaintiff, defendant appeals.

The record here discloses the facts recited in the decision upon a former appeal in this case. (Fries v. American Lead Pencil Co., 141 Cal. 612 , [ 75 Pac. 164 ].) Other additional and pertinent facts are gathered from the uncontradicted evidence of an older brother, of plaintiff, named Jack, who was working in the factory, and who testified as follows: “Mr. Jones had told me what work he wanted Alec to do; that is, to bring the blocks over to me at the machine, and when they were cut up into slabs to tie them up into bundles, ■ and take them away. When we went to the millroom where the saws were, Alec went in with me. I guess there were five or six others there. There was a big circular saw and another saw that were cutting the slabs, with six or seven saws on it all at once cutting the slabs. They were all in the same room and the room was fifty by forty feet, I should judge. There was considerable noise in the room. He was…