Benak v. Paxton & Vierling Iron Works

This is an action for personal injuries caused by defendants’ alleged negligence. Plaintiff prevailed, and defendant appeals.

1. Defendant insists that the evidence does not sustain the verdict. It is undisputed that defendant is a corporation engaged, among other things, in molding and selling iron castings. Defendant employs one general superintendent and several foremen. Particles of burned sand adhere to, and protuberances of iron appear upon, the surface of castings fresh from the molds. The castings are placed in a yard, referred to as the “scratch shop,” and workmen with chisels,…