Karsteadt v. Phillip Gross Hardware & Supply Co.

If the decision in this case depended upon the finding of the jury that the gears and cogs of the machine were not covered when it was delivered it would be very doubtful whether the finding coüld be sustained. Several witnesses produced by defendant testified positively and in detail that on delivery the cogs were properly guarded in the usual manner. The evidence to the contrary is purely circumstantial and very meager indeed.

The finding of the jury that the machine was unguarded when it was demonstrated rests on quite a different basis. The testimony of Mrs. Karger, employer of the…