Cunningham Ex Rel. Cunningham v. Spaulding

The plaintiff at the time the accident occurred was engaged in soaking shoe counters in a tank. The counters were brought on trucks to the soaking tank packed in wooden boxes 12 x 16 x 6 inches. The sides of the boxes were one half of an inch thick. There were fourteen thousand of these boxes in the defendants’ shop, and two hundred and fifty to four hundred and fifty went to the soaking tank each day.

The plaintiff’s evidence tended to establish the following facts: When the plaintiff was injured he was lifting a box filled with counters from a truck to a shelf on the tank, and in turning it…