Martinez v. Nichols Conveyor & Engineering Co.

Plaintiff Martinez brought this action for damages against the manufacturer and bailor of a paper baler. The trial was before a jury and Martinez appeals from a judgment in favor of both defendants.

Martinez was injured during the course of his employment as a baler tender by Sacramento Waste Disposal Company (hereinafter called Disposal). The machine which he was operating, a certain hydraulic down-stroke paper baler, had a metal bolt shear off, allowing an 800-pound platen on the baler to fall on Martinez’ arm, and resulting in serious injuries.

The baler, which was manufactured by Nichols…