#### Edward Mertzen, Appellee, v. Herman H. Hettler Lumber Company, Appellant.

Gen. No. 18,882.

(Not to be reported in full.)

Appeal from the Superior Court of Cook county; the Hon. Joseph H. Fitch, Judge, presiding.

Heard in the Branch Appellate Court at the October term, 1912.

Affirmed.

Opinion filed January 13, 1914.

Statement of the Case.

Action by Edward Mertzen against Herman H. Hettler Lumber Company, a corporation, to recover damages for personal injuries sustained by plaintiff while in the employ of defendant and alleged to have re-*547suited by the starting of a planing machine when plaintiff was cleaning the same preparatory to changing the knives. From a judgment in favor of plaintiff for two thousand five hundred dollars, defendant appeals.

Abstract of the Decision.

Master and servant, § 683 * —when evidence sustains verdict for injury to employe resulting from defective belts starting a planing machine. In an action to recover for injuries sustained by plaintiff resulting from the starting of a planing machine while he was cleaning it, the declaration alleging that defendant was negligent in allowing a belt to remain improperly laced and fitted to a pulley so as to run from a loose to a tight pulley, a verdict for plaintiff held sustained by the evidence, it appearing that the belt had been fixed just prior to the accident and had been represented to be in proper condition for running by a person in the position of a vice principal.

H. L. Howard, for appellant.

John W. Sutton, for appellee; Martin L. Wilborn, of counsel.

*

See Illinois Notes Digest, Vols. XI to XV, same topic and section number.

Mr. Justice Clark

delivered the opinion of the court.