Fox v. Kinnear Pressed Radiator Co.

The opinion of the court was delivered by

Dill, J.

The assignments in error deal with the refusal of the trial judge to take the case from the jury and direct a verdict in favor of the plaintiff in error, who was the defendant below.

The action was brought by an employe of the radiator company for damages for the loss of three fingers while he was operating a Bliss power press, a die-cutting machine operated by steam power.

The press contained a slide, or “plunger,” as it is sometimes called in the testimony, to which the cutter or blade was attached, and at the base of the machine was the die,…