Wall

This is a suit for damages for personal injuries suffered by the plaintiff, resulting in the amputation of a leg, alleged to have been caused by the negligence of the defendants. The case was tried by a jury, who found for the plaintiff in the sum of five thousand dollars, and judgment was entered accordingly. The defendants appeal from the judgment and from an order denying their motion for new trial. The principal questions in the case are as to the sufficiency of the evidence to show negligence on the part of the defendants and as to certain instructions of the court, with reference to which the case is as follows:—

The defendants, who are proprietors of a general foundry, machine, and iron business, were engaged at the time of the accident to the plaintiff in manufacturing what is called by the witnesses an 'evaporator, which is described as being in the form of a cube of twelve feet dimensions, with a dome on top, the sides being composed of rectangular east-iron plates, one inch thick, and four by six feet lateral dimensions, with flanges of the same thickness, four inches wide, for use in riveting them together, each plate weighing about thirteen hundred pounds. These, in…