McCdonald

This action was brought to recover damages for personal injuries sustained by plaintiff while in the employ of the defendant, the California Timber Company. At the conclusion of plaintiff’s case a motion for nonsuit was granted as to defendant Dent. The California Timber Company made no motion for nonsuit, and introduced no testi many, whereupon the case was submitted on the evidence introduced by plaintiff. The verdict and judgment were for plaintiff, and from the judgment and the order denying its motion for a new trial the California- Timber Company (hereinafter called the defendant) has taken this appeal.

The plaintiff bases his cause of action upon the alleged careless and negligent use of a wire cable by defendant and of a defective clevis. Defendant’s answer, in addition to denying these and other allegations of the complaint, sets forth as defenses that the alleged injuries were the result of the ordinary risks of the business, of the negligence of a fellow-employee, and of the contributory negligence of the plaintiff.

At the date of the accident, April 24, 1903, plaintiff as an engineer was operating a logging donkey-engine for the defendant. He and others were at that…