Nason v. Lord-Merrow Excelsior Co.

Before trial, the defendant moved that the plaintiff be required to elect between the two counts in his declaration. This motion was denied and the defendant excepted. The first count alleged the fact that the rolls were dull. The second count alleged a crack in the metal strap. As hereinafter appears, the two counts were not inconsistent, but rather supplemented each other. The motion was properly denied.

The plaintiff was injured while operating an excelsior machine in the defendant’s mill. The essential parts of this machine were the “plate” and the feed rolls. The plate, so-called,…