Appeal from Lcune, Jat July Term, 1911, of Buhcombe.

This is an action to recover damages for personal injury-caused, as the plaintiff alleges, by the negligence of the defendants.

The plaintiff was in the employment of the defendant Vanderbilt at the time of his injury, and was engaged in operating a swing cut-off saw, and was injured by a piece of wood, which he alleges he was sawing, being thrown against his face. The negligence alleged was a failure to provide a shield or guard for the saw.

The plaintiff testified, among other things, that he had- been in the employment of the defendant in his' wood-yard about three years, and that before he was injured he had used the cut-off saw to some extent, but not much, and that he was directed to use it at the time of his injury, and he gave the following description of the saw, of the circumstances connected with his injury, and of the general use of a shield or guard:

Q. Tell about this machinery, this cut-off saw; describe it to the jury the best you can, so that they will know what it is. „ A. This swing cut-off saw is hung up, and it balances on a counter-shaft, and the saw swings back and forth, so you can catch hold of it and pull it and turn it loose when you cut the stick of wood off and it swings out. You put your wood on the table and you catch your saw with your right hand and you grab the wood with your left hand, if you are a mind to; if not, you pull it up with your right hand, and cut the wood into stove-wood and fire-wood lengths.

Q. You say this saw would swing out again? A. Yes.

Q. In order to cut the wood you pulled it through it? A. Yes.

Q. What is the size of that saw? A. Twenty-four inches.

Q. By what power was that saw run? Electric motor; current from the Weaver plant.

Q. At what speed would it revolve? A. About thirty-five hundred.

Q. State whether it revolve^ fast or slow. A. Very fast.

Q. State to his Honor and the jury about your injury there. A. I was cutting eordwood; was ordered by Mr. Forestburg to go and cut a cord of pine wood, and I went into the mill, and there was no one there to help me. Mr. Benken had got hurt, got his finger cut, and Mr. Forestburg asked me to go to Bilt-more and see if I could get a man to help me cord wood that morning, and I went over there and found Mr. Green, and I asked him if he wanted to go to work, and he said he did, and I went over to the mill with him, and I went to the office and told Mr. Forestburg that I had found a man, and I went to the mill and started it to running and got hurt. The block hit me in the face, and that was about all I knew until I found myself out in the field, and I went to the office and tried to telephone for the doctor, and I was bleeding so I could not telephone for the doctor, and I went over to the drug store and asked Mr. Grove to give me something to keep me from getting sick, and I went over to the hospital and one of the nurses telephoned for Ur. Glenn, and that was all I remembered until I woke up in bed.

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