Thall v. W. H. McElwain Co.

The exception to the denial of a nonsuit is treated as though taken to the denial of a directed v.erdict, a motion for which does not appear to have been made, under the rule that the right to a nonsuit is lost if evidence covering the deficiency is introduced by either side before the trial closes. Gagnon v. Dana, 69 N. H. 264.

The plaintiff was a cutter in the defendant’s factory. In the course of his work it was the practice to have two trucks or boxes near his machine, one to receive the soles he cut and one for the waste. The sides of the box for waste provided when he was hurt were of…