Kekelis v. Whitin MacHine Works

Taken in the light most favorable to plaintiff, the evidence tends to show: On 21 September 1964, during “the first shift,” defendant completed the installation of a yam-processing machine for plaintiff’s employer, Burlington. Second-shift employees got “the heat leveled and creeled the yarn in.” On the third shift, which began at 11:00 p.m., Burlington’s fixer “checked out” the machine, and it was started. The machine did not work properly; the yarn broke continuously, a condition ordinarily caused by excessive heat. About an hour later, as plaintiff went about teaching another employee to…