De Witt v. Floriston Pulp and Paper Co.

This action was brought by the plaintiff as administratrix of the estate of her deceased son, Boone W. De Witt, to recover damages for his death, while in the employ of the defendant, such damages alleged to have been caused by its negligence.

The case was tried before the court with a jury, and a verdict was rendered in favor of the plaintiff, upon which judgment was duly entered.

Defendant made a motion for a new trial, which was denied. This appeal is from the judgment and the order denying the defendant’s said motion.

It is claimed that the evidence is insufficient to support the verdict, and that the evidence does not show that the defendant was guilty of such negligence as will entitle the plaintiff to recover. This is the first and most important point in the case.

It appears without conflict that at the time of the injury the defendant, a corporation, was engaged in the manufacture of pulp and paper in its pulp and paper mills at Floriston, in Nevada county, California, and that the deceased was, and for some weeks prior thereto had been, in its employ as a millwright. While so employed in the engine-room of the defendant about his usual business, doing the work…