Scrimsher

From the record herein it appears that one Scrimsher while working in the course of his employment received injuries (which later resulted fatally to him) from the negligent operation of a power shovel, which Scrimsher’s employer, Oswald Brothers, had rented from the defendant Reliance Rock Company. On the trial of the action brought by the widow and guardian ad litem of the children of the deceased against one Robert C. Barnes, who was the workman in charge of the power shovel (and who hereinafter is termed the operator or engineer), and the Reliance Rock Company, at the close of the evidence presented by the plaintiffs an order of nonsuit was entered in favor of Reliance Rock Company; and it is from the resultant judgment that the appeal herein is prosecuted.

From an examination of the reporter’s transcript of the record of proceedings at the trial of the action, for the purpose here involved, it appears that the power shovel in question was the property of the defendant Reliance Rock Company; that about three weeks prior to the date of the accident Oswald Brothers rented the power shovel from Reliance Rock Company at an agreed compensation of $5 per hour, which included the…