Daubert

This is an action by the widow to recover damages for the death of her husband. Damages were awarded, and defendant appeals from the judgment arid order denying a motion for a new trial.

Deceased was employed by defendant as a sausage-maker. He worked at the grinder and chopping-machine. A revolving shaft ran the length of the building, about ten feet above the floor, this shaft furnishing power for the machinery. A short time before the accident the belt slipped from a pulley and was resting upon the revolving shaft. The shaft consisted of two sections, which were coupled together, and at this coupling setscrews protruded three fourths of an inch. The foreman of the floor ordered the deceased to take a step-ladder and remove the loose belt from the shaft. While upon the ladder, and in the act of removing it, his clothing was' caught by the setscrews and he was dashed to death.

Upon the part of defendant it is claimed,—1. That the defendant was under no legal duty to fence or box the shaft or coupling; 2. That the defendant was not guilty of negligence in operating a shaft nine or ten feet above the floor, with setscrews projecting from the coupling-sleeve; 3. That the position…