Niggel v. Sears, Roebuck and Co.

Opinion by

Hoffman, J.,

This is an appeal from the Order of the lower court granting a Judgment N.O.V. for defendant-appellee.

In 1968 appellant, a truck driver, was making deliveries to a Sears, Roebuck and Co. store. After the delivery the store manager asked him to take back a number of boxes which were to be returned. The boxes were bound by steel wire around each end of the box, and the wires were joined together by a connection twisted by a machine in the store. As the driver lifted a box, two ends of the wire pulled apart at the connection, one end whipping across his face and lacerating…