Harkins

The defendant in error recovered a judgment against the plaintiff in error for damages on account of the death of her husband, who was killed while employed by the plaintiff in error in skidding logs. The crew of which the deceased was a *23 member was engaged in skidding logs with a Marion steam loader. The deceased, with two others, had dragged the cable with which the logs were skidded out about 400 feet, to a point where they attached the cable to a log. The men, under the direction of the foremen, stationed themselves at intervals alongside and near the route the log was to travel. This was done for the purpose of signaling to the engineer. The timber was on a hillside, with a grade of about 10 per cent. As the log was being hauled in, it started to run, and in its course it struck and upset a tree, which fell upon the deceased. Negligence is alleged, in that the Marion steam loader was not suitable or adapted to be used as a skidding machine, and was not equipped with the proper appliances commonly used on skidding machines, and was a dangerous, unsafe machine for performing the work of skidding logs, in that it was not provided with a whistle cord or any device for the…