La Fleur v. M. A. Burns Lumber Co.

The action was for damages caused by an injury in a lumber-mill. The cause was tried without a jury, and the court found in favor of plaintiff in the sum of three thousand dollars. The appeal is from 'the judgment and the order denying the motion for a new trial. The only claim for a reversal is that the evidence is insufficient to support certain material findings. Of them, the first one assailed is as follows:

The witness, G. R. Jones, an experienced millwright, also testified that in order to be properly constructed, “the skids must be below the rollers and the rollers ought to be longer.”

Witness W. E. Lane testified that the machinery was defective for the same reason, and “the rolls that were put into the truss in said mill were two feet long. We put in these rolls at the order of Mr. Broadwell. They were furnished to us.” Furthermore, that the purpose of these live chains is to “throw the slabs off the live rolls into the edger pits” and that the proper construction of a skid is “to have clearance from the rolls so the timber can pass over without catching. I mean below the live rolls. ’ ’

W. H. Gusha also testified to the same effect and declared: “In the operation of…