Court of Appeals for the Seventh Circuit January 5, 1909, No. 1,512 (Oleksy v. Midland Linseed Co.)

BAKER, Circuit Judge.

Error is predicated of a directed verdict of not guilty in a personal injury case.

In defendant’s four-story mill there was a freight elevator. No operator was employed, but every one from superintendent to roustabout ran it for himself whenever his work took him from one floor to another. On the fourth floor were bins to which a movable spout could be connected.