Giacomini

A jury awarded respondent the sum of $3,500 as damages for injuries received in a shingle-mill belonging to appellant. The appeal is from the judgment and order denying the motion for a new trial.

The complaint alleges that “on the twelfth day of December, 1900, and for some time prior thereto, said plaintiff was employed by defendant in the capacity of shingle sawyer at one of said machines (a hand-shingle machine) so known and designated as machine No. 3, with instructions to attend to the setting of the screws of said other hand-shingle machines when the same were being operated by inexperienced men.

“That on said twelfth day of December, 1900, and for some time prior thereto, said machine known and designated as machine No. 2 was in a defective and dangerous condition, in this, that on the frame of the carriage of said machine, and on the side nearest the saw was fastened at the time of the accident hereinafter described, an appliance, used to prevent spalts from coming in contact with the saw.” Then follows a description of said appliance and the manner in which it was fastened to said machine, and an allegation that it was so insecurely fastened as to render the machine…