Hersperger

This is an action to recover damages for personal injuries.

The case was tried by a jury, which found for the plaintiff in the sum of $7,000, and judgment was entered for plaintiff for that sum.

The appeal is from the judgment and from the order denying defendant’s motion for a new trial. The plaintiff was in the employ of defendant in its lumber-mill in Humboldt county and was hurt in the eye by a piece of timber in the course of his employment. The complaint alleges that at the time of said injury defendant maintained and operated in connection with his lumber-mill a certain machine known as a “hog,” which was used for grinding and cutting up edgings and waste pieces of lumber into small pieces to be conveyed to the furnaces in said mill to be burned. That such waste pieces of lumber were conveyed to said “hog” from the main floor of said mill by means of a chute about eight feet wide at the lower end and had sloping sides so that said waste pieces of lumber would slide down said chute and into said “hog.” Said chute was inclined at an angle of forty-five degrees. It is further alleged that the sides, bottom and end of said chute were constructed of planks about two inches…