Monaghan

This is an action to recover damages for a personal injury. The verdict and judgment were for plaintiff, and defendant appeals from the judgment and from an order denying a new trial.

*192 The main facts of the case are these: The defendant was engaged in the business of rolling railroad iron, and used certain works, machinery, and apparatus for that purpose. Among other things so used was an iron rod about an inch thick and fourteen feet long, with a hook at each end, by which it was attached at each end to a chain, the whole hanging suspended from a beam in the building. The only means of securing the connection between the rod and the chains was the open hook at each end, placed in a ring in the chain; the hooks were not closed or fastened in any way. The lower end of the lower chain is connected with a lever, and the whole apparatus is used for handling heavy bars of railroad iron. Near this apparatus is a crane consisting of a perpendicular shaft turning upon a pivot, with an arm or jib projecting from the shaft at right angles, and about twelve feet from the ground. The crane is used to change the rolls, dies, etc., and as it swings around, the arm projects about a foot and…