Richard John Steele, and Texas Employer's Insurance Association, Intervening v. Wiedemann MacHine Company, And

McLAUGHLIN, Circuit Judge.

The defendant sold and delivered to the Emsco Manufacturing Company (Emsco) an R4P Punch Press. This type machine holds a series of punches and dies which allows the operator to change sizes by merely revolving two turrets to the proper selections. A safety device is designed to prevent tripping the punch if it is not properly aligned with the die below. On August 21, 1953 the plaintiff Steele, an employee of Emsco, was operating the machine when a piece of a punch broke off, striking him and eventually causing the loss of his left eye for which he now seeks damages.…