131 130 Q. What about the foot becoming discolored from time to time? A. At night lots of times it gets discolored, gets dark colored and cold; it is cold all the time and aches. Q. Where does the pain affect you most? A. In the heel and on that side (indicating) and through here (indicating). Q. On the outside; up through the calf of the leg? A. Yes, sir; right up in through like that (indicating). Q. What effect does it have on you when you attempt to stand on it? A. It feels to me as though I was going to go down through it as much as I can judge. Q. Does it have any painful effect? A. Yes, sir; I can't stand on it; I can't put any heft on it. Q. Was there any scaffolding there on that side of the wall? A. Not when we put up those joists; no, sir. A. No, sir. 132 Frank H. Bidwell, for plaintiff, direct. Q. And was there any planking over the top of A. From the south to north on the west wall. Q. Clear across? A. Clear across it. Q. Where were they with reference to the wall itself? What portion? A. On the outside. Q. Over the brick? A. Over the brick. Q. You said there wasn't any scaffolding there at this time? A. No, sir. Q. Was there a scaffolding before this? A. Yes, sir. Q. When? A. The masons had a scaffold to build a wall up that far. Q. What was done with that? A. It was removed by somebody, I don't know who; before we got onto it. Q. Who told you to go up and do this work? A. The foreman. Mr. Cheney: That I move to strike out. By Mr. Woods: Q. Who? A. Mr. Robb. Q. What did he tell you? Mr. Cheney: You have already got that once. 138 Q. Yes; tell us what it was. Some horses with boards over them, wasn't it? You saw them laying the wall, didn't you? A. I worked on the east side when they laid up that wall. Q. You mean you worked on the other school house? A. Yes, sir. Q. Over on the other side of the river? A. Yes, sir. Q. And when you came to work on this wall the masons were working on this building? A. On the same building, only a different part. Q. That they had some horses with planks on? A. No, sir. Q. That they stood on? A. No; I don't know anything about it; I know they stood on something. 139 140 141 Frank H. Bidwell, for plaintiff, cross. Q. You were working on the job where the ma sons were and you don't know what the masons did? A. I couldn't tell you that they had a built scaffold or a scaffold with horses on. Q. How do you know that they had a scaffold? A. Because they couldn't build up a wall 10 feet high without a scaffold. Mr. Cheney: I move to strike out the evidence that the masons had a scaffold. The Court: It may go out. By Mr. Cheney: Q. You saw this wall? A. Yes, sir. He hasn't seen it. Q. And you knew that was a gths inch board? A. Why, yes; I knew it was, by the end of the lumber. Q. Before it was planed down it was 7/8ths inches thick; you knew that? A. Yes, sir. Q. You knew that you weighed 235 pounds? Q. You did at that time? 1 Q. And you knew that that opening was 3 feet, Q. You knew when you were working right by there that you were working right over that opening, didn't you? A. Why, yes; I knew there was an opening there but I didn't have it in mind. Q. You were working right over the opening? A. No, sir; I wasn't working over the opening at the time of the accident. Q. You were standing on one side? A. Yes, sir. Q. And you had the header extending over the opening? A. At one side of it. Q. Right across from one side to the other? A. Yes, sir. Q. You knew that? A. Yes. Q. That is what you were putting the header |