v.
Waterloo & Cedar Falls Union Mill Company
At the time when the accident to plaintiff occurred, resulting in the injury for which he seeks to recover damages in this action, the defendant corporation owned and was operating a water power flouring mill at Cedar Falls. Plaintiff was in their employ about the mill, acting in general as salesman and in the shipping of the product, Some changes in the building were at that time in progress, [*449] and as this interfered to some extent with the regular operation of the mill, plaintiff was directed by the president of the company to assist the men about the work of remodeling whenever he could. The principal work in connection with* which plaintiff was injured was the removing of some timbers which had constituted the “ husk frame ” designed to support the millstones and their gearings in the days of stone milling, but which had been superseded by other machinery. These timbers were directly over the flume. One Lemmer was in charge as superintendent of the mechanical department of defendant’s business and in general supervision of the running of the mills. Under him the work of removing these timbers was being carried on. On the morning of the day of the accident, some workmen had removed one of the timbers by means of a chain fastened around it and hooked to a rope and pulley tackle, by means of which it had been elevated from its place. When Lemmar arrived that morning to take personal charge of the work, these men, with the assistance of plaintiff, were taking away the timber which had been raised and the uprights which were connected with it. .By Lemmer’s direction the men who had already been engaged in raising the first timber attached the tackle to the second timber, or “ bent,” by the same chain which they had used in raising the first timber, and proceeded, with Lemmer’s help, to raise it from its position so that it also might be removed. After it' had been raised some little distance, one end of it caught at the side of the building and Lemmer directed plaintiff, who had not been assisting in the raising of this “ bent,” to go to the end of the timber and release it from the obstruction by pulling it towards him. While plaintiff was endeavoring to do so, the chain broke, and the fall of the timber precipitated plaintiff forward to the bottom of the flume, causing him to sustain serious and permanent injuries for which he seeks to recover damages. The evidence tends to show that the chain which broke was old and somewhat worn, and that it was not of sufficient [*450] strength, from these defects, and also on account of its size, to be safely used to sustain so great a weight, and that it had been selected by the workmen, before Lemmer’s arrival 0and before plaintiff was engaged in this particular work, from other chains furnished by defendant, some of which were larger and amply sufficient for the purpose.
The negligence alleged was in using a chain which was defective and insufficient to support the weight of the timber which was to be lifted by it, and in using the chain in a careless and negligent manner without inspection and without knowledge which might have been acquired by the exercise of reasonable care that such chain was defective and insufficient. It was further alleged that defendant through its superintendent and vice principal carelessly and negligently directed plaintiff to go into a hazardous position to work without knowledge on his part of the inadequacy and insufficiency of the chain, the breaking of which was likely to cause him injury. Plaintiff pleaded, also, his own freedom from contributory negligence. By answer the defendant pleaded a general denial, and specifically alleged assumption of risk by plaintiff. The grounds on which a directed verdict was asked in favor of defendant were that all who were engaged in raising this timber were for the time being co-employés; that, as defendant furnished sufficient appliances, the selection of an insufficient chain was the negligence of one of such employés causing the injury without fault of defendant; and that plaintiff assumed the risk of the negligence of his co-employés which resulted in injury to him.
We reach the conclusion that the evidence tended to show negligence on the part of defendant resulting in the injury of which plaintiff complains, and that, -therefore, the case should have been submitted to the jury for their verdict.
The judgment of the trial court is therefore reversed.