Diddams v. Empire Milking Machine Co. Inc.

Defendant appeals from the order denying its motion in the alternative for judgment notwithstanding the verdict or a new trial.

Plaintiff sued defendant to recover the value of 12 cows alleged to have been electrocuted because of defendant’s negligence in the faulty installation of an electrically operated milking machine in plaintiff’s barn. The facts, not really in dispute, may be thus stated:

Defendant manufactures and sells milking machines to local dealers selected by it in this state. Of late those driven by electric current are made and disposed of, besides those run by other power such…