McCann

[ 1 ] This action was originally brought in the state court of California on July 30, 1908, to recover damages for personal injuries sustained by the defendant in error on July 30, 1907, while employed in the sawmill of the plaintiff, in error in San Diego county, Cal. The parties will hereafter be referred to as plaintiff and defendant, as they were designated in the court below. The case was removed to the Circuit Court of the United States for the Southern District of California on the ground of diverse citizenship. The cáse was tried upon a second amended complaint, an amended answer, and an amendment to the answer. It was alleged in the second amended complaint that the defendant’s mill was so constructed and operated that logs in continuous succession were delivered upon a carrier and carried by it backwards and forwards until cut into lumber by the great band saw of the mill; that such lumber was then delivered by connected machinery of the mill in continuous succession to a sawing table inside of the mill, known as a trimmer, and there cut into lengths; that from said trimmer the lumber was carried by connected machinery and discharged in continuous succession sidewise…