Guse v. Power & Mining Machinery Co.

The complaint in this action contained numerous charges of negligence. Among them may be found averments which, under the liberal rule of pleading now existing, support the verdict. The verdict was as follows:

“(1) Was the 'S’ hook which broke at the time of the injury to plaintiff, October 11, 1909, an unsafe appliance-for the use and purpose to which it was put ? A. Yes.

*403“(2) If you answer question 1‘Yes,’ tben answer: Ought tbe defendant in tbe exercise of ordinary care and prudence to have reasonably anticipated that some injury might probably result from the use of such hook ? A. Yes.

“(•3)…