Edler v. Algoma Foundry & Machine Co.

On motion for rehearing.

The following opinion was filed February 4, 1930:

The proof establishes the fact that the guard in question was not on the machine at the time the accident occurred. Even if a jury should find that the guard provided was not such a safety device as was required by sec. 167.16 of the Statutes of 1925, that finding would not establish the liability of the defendant because it could not be said “that such insufficiency was the proximate cause of the injury to plaintiff. It was not operating as a cause at all at the time the injury occurred.” Derouso v. International…