Mugford

This action was brought by an employee of the defendant corporation to recover damages for personal injuries received while working on a pile-driver of defendant. At the trial below, at the close of plaintiff’s ease, the court granted a nonsuit. Plaintiff appeals from the judg ment following the nonsuit and from an order denying a. new trial.

The contention of the appellant is that the court erred in' deciding that, as a matter of law, plaintiff was guilty of contributory negligence, and in taking the case away from the jury.

From plaintiff’s ease, as presented by his bill of exceptions,, the following undisputed and uncontradieted facts appear:

William Mugford, at the time of the accident, was a thoroughly competent ship carpenter. He had worked at hi» trade seven or eight years in different places in the United States and elsewhere. He had worked on the pile-driver three and one-half days, during which time he pulled ropes, and poles around the pile-driver; sometimes he was on the’ deck of the scow on which the pile-driver stood, and sometimes in a boat'running lines by which to handle the scow. On the morning of the accident, May 22, 1903, plaintiff was sent aloft to act as…