Diehl

This is an action for damages for personal injuries sustained by plaintiff while in the employ of the defendant corporation in operating a planing machine at defendant’s mill. The planing machine was provided with a wooden platform which was necessary for its proper operation. On the day that plaintiff began to operate the machine one of the surface boards of the platform was broken by a timber falling upon it. This defect was known to the defendant’s superintendent. For several weeks plaintiff operated the machine while it was in this condition, during which time he complained on a number of occasions to defendant’s foreman regarding this defect. The foreman promised to remedy the same, and plaintiff’s testimony is that because of such promise he remained in defendant’s employ. On the day of the injury, and while the plaintiff was operating the machine, it became necessary for him to go upon the platform to adjust the gauge, and while so employed, the machine being in motion, his foot slipped into the hole in the platform, causing him to be thrown against the knives connected with the machine, and his right arm was cut off at the elbow. The jury brought in a verdict for $5,000,…