Bush

The plaintiff, having sustained personal injuries through the alleged negligence of the defendants, brought this action to recover a judgment for damages therefor in the sum of $25,000. The cause was tried by the court, a jury having been waived by all the parties, and upon the ■close of plaintiff’s case, and upon motion of the respondents, the court granted a judgment of nonsuit, from which, supported by a bill of exceptions, this appeal is taken.

The complaint alleges that, on the twenty-eighth day of •June, 1906, while exercising and performing his duties as "“mill” foreman of the Markham Lumber Company, a corporation, which was, and had been for a long time, engaged in the manufacture of lumber, and of which corporation the ' defendants Stevens and Wood are alleged to be the owners, the plaintiff sustained serious injuries through the operation •of defective machinery used in connection with the business of defendants.

It appears from the complaint as well as from the evidence that “sawlogs” which were prepared for manufacture into lumber at the sawmill were carried from the woods by means of cars run upon tracks; that the “cars carrying such logs were run upon such tracks…