(after stating the facts). It is first insisted that the court erred in submitting to the jury the question of the negligence of the defendant in permitting Ed Baker, a youth without experience, to operate the ripsaw. In this contention we think counsel are correct. According to the testimony of Ed Baker himself, he was about nineteen and a half years of ag*e at the time he was injured. His own testimony shows him to he a young man of average intelligence, and physically fit to operate a ripsaw. He had been working as off-bearer for the person operating, the ripsaw in question for about two months 'before he was injured- He asked the operator to teach him how to run the saw. The operator reported that the “boss” had consented for him to teach Baker how to run the saw. The sawyer then showed Baker how to operate tfte saw, and had allowed him to operate it a few minutes each day. for about ten days prior to the time he was hurt.' The plaintiff was injured by stepping on the tailings, which had been cut off from *801the material which he was sawing and negligently left in a place where he wonld walk in the performance of his duties. We therefore reach the conclusion that there was no evidence to support the allegation that the plaintiff was injured by reason of his inexperience, and that this question should not have been submitted to the jury.
Baker denied that his hand was injured because he thrust it into a place on the table near the revolving ripsaw and thereby injured himself. His testimony shows that he knew and appreciated fully the danger from allowing his finger to come in contact with the revolving saw. He worked as off-bearer at the saw in question for about two months before he was injured, and, during the last ten days of his service, he was instructed about how to operate the ripsaw. With Baker’s knowledge and experience in the use of machinery and the instruction given him, he must be regarded as having acquired a knowledge of the ordinary dangers accompanying its use, and, as we have already seen, his youth and inexperience had nothing -whatever to do with causing the injury.
The next assignment of error is that the court erred in submitting to the jury the negligence of the defendant in permitting the chain attached to the saw to become, old, loose, and worn. It is well settled that the negligence complained of in cases of this sort must be the proximate cause of the injury. It is true that Baker testified that the feed-chain or belt had become loose and worn and the chain would stick once in a while, and that he would have to stop the machine and fix it. On the occasion in question he had already stopped the feed-chain, preparing to fix it, and this left the saw only running. He slipped on a piece of the tailings as he went back to shut off the saw. The alleged negligence in allowing the feed-chain or belt to become worn and defective was too remote to be treated as the proximate cause of Baker’s injury. Therefore the court erred in submitting that question to the jury.
*802. It is next insisted that the court erred in submitting to the jury the negligence of the; defendant in furnishing to Baker an inexperienced employee to assist him in the operation of the saw.. This contention is well taken. There is no evidence in the record to show that the off-bearer was inexperienced or that the defendant was negligent in employing him. The only cause of1 action against the defendant was the alleged negligence of the off-bearer in leaving the tailings at a place where Baker would have to walk in shutting off the saw and where he would not anticipate that any of the tailings or a piece of plank would be thrown. According to Baker’s own testimony, he was injured by stepping on a piece of the tailings and slipping backwards so that his hand came in contact with the saw as he fell. Therefore the court should not have submitted any question of negligence to the jury except the negligence of the off-bearer in allowing the tailings to fall at a place where Baker would walk in shutting off the saw and where he would not anticipate that they would be placed.
Counsel for the defendant also insists that the court erred in not submitting to the jury the question of whether or not Baker was injured while voluntarily, placing his hand near the saw for the purpose of adjusting some part of the machinery.
It seems that this instruction was refused on the ground that there was no evidence upon which to base it. Wé think the court erred in not submitting this question to the jury. J. R. Boydstbn, another employee of the defendant, was about three steps from where Bakér was when he got injured. We quote from the testimony of this witness the following:
"A. He never shut it doivn as I noticed. The first I noticed he cáme around the side and stepped up, ánd there was a few pieces that come off the machine, the best I remember, and was fixing something like he was going to put his hand in this feed belt on top, and I looked down, and when I looked back I saw him sling his hand like that. Q. Do yoix know how they throw *803these offals or calls off ? A. Yes sir. Q. Yoa saw him go aroand the end. of his table? A. Come aroand from the front here of his machine aroand to the side. Q. When yoa saw him sling* his hand, what did he do next? A. There was another party just a little ways off from him, and he started towards him, and then tarned aroand, and I don’t know what he said, and he come hack, and this other hoy that was feeding* the machine I-was at ran to him and caaght hold of him and took him to the office; ”
Another witness for the defendant testified that'he was ranning a planer five or six feet from the ripsaw at the time Baker was injured. According to his testimony, Baker was standing where they ordinarily threw the scraps or tailings down on the floor. He was standing* apon the scraps or tailings that came from the saw. The witness looked over and saw Baker sling his hand. Baker was standing by the side of the table, and tarned and .slang his hand.
Another witness, who was abont ten feet away, testified that he heard the whanging of the saw, and looked aroand, and Baker was ap at the machine with a cat hand. Baker was right opposite the machine on the side of the saw; that tailings or scraps were at the side of the saw-table, and Baker was standing* on them at the time he saw him.
From this evidence the jury might have inferred that Baker had thrast his hand in a place near the revolving saw for the parpóse of adjusting some part of the machinery, and allowed it to come in contact with the revolving saw. Therefore the court erred in not submitting this question to the jury.
Other assignments of error are urged for a reversal of the judgment, bat they will not likely occur apon a retrial of the case.
For the errors in instructing the jury as indicated in the opinion the judgment will be reversed, and the cause remanded for a new trial.