Marvin Fain v. The Goodyear Tire and Rubber Company, Incorporated

HUTCHESON, Chief Judge.

The suit was for damages for personal injuries received by plaintiff when he tripped over the handle of a hydraulic jack which was then being used by defendant’s employees in raising plaintiff’s car in order to do a balancing job on the wheels.

The claim was that, though the jack was equipped with a safety device which' permitted the handle to be raised two to two and one-half feet above the floor, defendant negligently left it protruding at, or slightly above, floor level for about three or four feet into the open space west of the car, and that plaintiff, in walking…