Glasspoole

Plaintiff recovered judgment upon a verdict in his favor in an action for damages for the loss of the fingers of one hand, alleged to have occurred through the negligence of defendant. Defendant moved for a new trial, which being denied, it appealed from the order and the judgment.

Defendant was engaged in operating a sawmill for the purpose of manufacturing lumber from logs of timber, and in connection therewith operated and maintained a railway, with switches, locomotives, ears, and the necessary equipment therefor. Among other things it operated what is designated as a locomotive crane. This consisted of an apparatus, composed of what was practically an ordinary flat car upon which was mounted a movable crane used for lifting logs and other heavy articles. The crane was attached to and connected with a revolving turret and cab, which were so constructed that the entire superstructure, that is, the crane, turret, and cab, could be made to revolve by machinery in the turret, so that the crane could be made to point in any direction. The crew of the locomotive crane consisted of an engineer, a fireman, and two men upon the ground. The duty of the men upon the ground was primarily…