Helme

In this action for personal injuries, sustained while in defendant’s employ, plaintiff, after a trial before a jury and a verdict in his favor, recovered a judgment for three thousand five hundred dollars, from which ■ defendant appeals. The action was brought under subdivision “b” of section 12 of the Workmen’s Compensation, Insurance and Safety Act of 1913. (Stats. 1913, p. 283.) Appellant complains, inter alia, of certain instructions given to the jury.

A few days prior to April 14, 1915, plaintiff was employed by defendant as a bran-packer. In operating the bran-packing machine, the bran-packer discharges the various kinds of grain into four holes or hoppers in the floor. The grain passes thence to a mixing-box in the floor beneath, from which it is discharged into an auger that grinds the whole mass into a mixture that is conveyed by elevator to a machine called the “bran-packer,” from which it is discharged into sacks. According to plaintiff’s testimony, he was instructed to keep the feed going through the mixer, to keep the mixer running, to keep the machinery going, so that the grain would not clog. On April 14, 1915, while operating the bran-packing machine, plaintiff…