Court of Appeals for the Ninth Circuit May 12, 1913, No. 2,204 (Metropolitan Redwood Lumber Co. v. Davis)

GILBERT, Circuit Judge

(after stating the facts as above). [1] Error is assigned to the following instruction of the court to the jury:

“The evidence in this casé shows without any conflict that, if there was any negligence in the construction or use of this ‘Tommy Moore’ strap, it was the negligence of the foreman of the crew there, Gordon, and for that negligence, if there was any, the