Lippert

This is an action for damages brought by the surviving wife and minor child of William Leo Lip-pert, who, on the fifteenth day of July, 1909, was killed by the bursting of a “pre-heater,” used by defendant for the purpose of heating sugar-beet juices. At the time of the accident Lippert was twenty-eight and one-half years of age and the minor was eighteen months old. The jury found for plaintiffs in the sum of twenty thousand dollars and judgment was entered in their favor for that amount. The appeal is by defendant from the judgment and from an order denying its motion for a new trial.

Appellant makes the following points: 1. That deceased was employed as master mechanic and was intrusted with the oversight of all the machinery of the sugar-house; 2. He therefore assumed the risks of his employment; 3. Contributory negligence on the part of deceased; 4. “He fully knew and appreciated and apprehended all of the dangers surrounding his employment”; 5. That if the pre-heater was out of repair it was patent to deceased and it was his duty to have remedied its condition; 6. If that was the condition of the apparatus, he should have complained of it to defendant ; 7. When deceased was…