Horne v. Mt. Vernon Die Casting Corp.

With the consent of the parties, I visited the premises on two occasions, once at night and again in the daytime. On one of my visits, the factory was not in operation, and on the occasion of my second visit, it was in operation.

Based on the evidence, thus supplemented by personal inspection, which included a general survey of the immediate neighborhood, I find that the factory is lawfully there and is not operated negligently. And I am not persuaded that any of the conditions of which plaintiff complains now can be eliminated, or even mitigated substantially, by any device not already in use…