Parker

This was an action at law, in which a verdict was returned in favo^of the plaintiff, upon which verdict judgment was entered against the defendant (plaintiff in error here) for certain damages and costs. The real point in the case is whether a certain oral agreement alleged by the plaintiff to have been made by him with, the defendant was open to consideration in view of the'written contract of the parties.

The complaint alleged in substance that in the month of December, 1908, the plaintiff was in the employ of the defendant at its sawmill as a millwright, and that in that month and year, while so engaged in-the performance of his duties, his left leg was injured, which injury he attributed to the negligence of the defendant and so notified it, and that by reason of the careless and unskillful manner in which the-company’s physician and surgeon treated the plaintiff the latter’s right hand had to be amputated, which was. done on the 6th day of February, 1909, in consequence of which the plaintiff claimed to have a cause of action against the defendant for damages; that subsequently the plaintiff and the defendant made and entered into an ágreement in writing in these words and…