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ERICKSON v. PACIFIC STATES LUMBER CO.

No. 4954.

18 F.2d 513 (1927)

ERICKSON v. PACIFIC STATES LUMBER CO.

Circuit Court of Appeals, Ninth Circuit.

March 28, 1927.

Attorney(s) appearing for the Case

William P. Lord and Arthur I. Moulton, both of Portland, Or., and John D. Short, of San Francisco, Cal., for plaintiff in error.

Goss & Murphy, of Marshfield, Or., and Platt, Platt, Fales & Smith, Wm. C. Ralston, and Chester A. Sheppard, all of Portland, Or., for defendant in error.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.

GILBERT, Circuit Judge (after stating the facts as above).

Concerning the alleged defect in the flywheel, the evidence is, in substance, the following: The wheel was 14 feet in diameter, and it carried a rim 28 inches in width. It had been in use in the mill 16 years. It had been cast in two sections, and when it arrived from the foundry it was found that a spoke of one section had been broken at a point about 8 inches from the rim. That section was immediately returned...

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