Carlson

Action for damages. Trial by jury. 'Judgment of nonsuit entered, from which plaintiff appeals.

Plaintiff’s husband was employed by defendant to assist in digging a well. A whim was being used in hoisting material from the excavation. The derrick was about twenty feet in height, upon the top of which were placed two timbers nailed to the top of the derrick with ten-penny nails. Upon these timbers were fastened the bearings into which the ends of the shaft operated. The sheave-wheel and shaft .were at tached together hy means of a set-screw, and it was intended that the wheel and shaft should revolve together, the wheel revolving between the two timbers, which timbers should act as a guard in keeping the wheel in place and thereby keeping the ends of the shaft within the bearings. A cable ran from the whim over this sheave-wheel and down to the bucket used in hoisting. This bucket weighed about fifty-eight pounds, and when filled, about five hundred pounds. The duties of plaintiff’s husband were to hook and unhook the bucket from the end of this cable, which duties required him to remain under the sheave-wheel at the mouth of the well. The set-screw proved ineffective and the wheel…