Willard J. Benson v. Beloit Corporation

Appellant, the plaintiff below, appeals from a judgment entered on a jury verdict.

BACKGROUND

Appellant was seriously injured when he came in contact with a large paper making machine manufactured by appellee. He alleged that the machine lacked adequate safeguarding devices and that an operating platform was designed and installed by appellee in such a manner as to unreasonably expose him to danger. His cause of action was based solely on a theory of strict liability in tort.

ISSUE

Did the trial judge commit error in using the phrase “contributory negligence” in his instructions when outlining…