Herrera v. Manhattan Electric Supply Co.

The opinion of the court was delivered by

Trenchard, J.

The main question raised by this appeal is the propriety of the action of the judge in granting the defendant’s motion to nonsuit after the plaintiff’s proofs were in at a trial at the Hudson Circuit.

We are of opinion that the nonsuit was wrong.

The plaintiff was employed by the defendant company and was hurt whilst operating a power press supposed to be so *250constructed that, by means of a clutch, the plunger would remain suspended until it was released by the operator by pressure upon a treadle.

In such case the rule of duty of the defendant…