Shute v. Exeter Manufacturing Co.

One of the questions was whether the breaking of the pulley which injured the deceased was caused by the defendants’ negligence. In order to sustain his action, it was necessary for the plaintiff to prove that it was. The evidence that the first pulley, which was “ of the same form of construction and material, and used for the same purpose and in the same way” as the last one, broke a short time before the accident; that both pulleys were driven by a tight belt; and that the tightness of the belt and the danger of its breaking the shaft or pulley were called to the attention of the…