Thurston v. Conway Lumber Co.

The defendants do not seriously contend that it cannot be found they were in fault for permitting the plaintiff to work near an uncovered gear. What they contend is that it cannot be found (1) that their fault in this respect was the legal cause of the plaintiff’s injury, or (2) that he was free from fault.

They base their first contention on the proposition that it cannot be found the rolls were turning toward the south when the accident happened. If this contention is sound, the plaintiff’s case fails, for his hands could not have been drawn against the broken gear case unless the rolls were…