Buckingham
Buckingham v. San Joaquin Cotton Oil Co.
Opinion
Lead Opinion
This action was brought by plaintiff against defendant for damages for injuries sustained by him through the alleged negligence of defendant.
The action was tried by a jury which rendered its verdict in favor of the plaintiff. Defendant moved for a new trial, and the motion therefor being denied, judgment was rendered for plaintiff and from this judgment defendant has appealed.
■ Appellant owned and operated a cottonseed-oil mill. The cottonseed was hauled to appellant’s yard in automobile trucks, and after the same was weighed by an employee of appellant, the truck containing the cottonseed was driven to and unloaded into a long trough referred to as the screw conveyor. This screw conveyor was ninety feet long and con tained a screw sixteen inches in diameter and extended throughout the length of the conveyor. The rotary action of the screw propelled and conveyed the cottonseed along the trough to appellant’s mill. The screw was operated by an electric motor. The switch buttons for starting and stopping it were located in the mill building some distance from the unloading point. Iron bars were placed across the top of the trough of the conveyor sixteen inches in length,…