Zesch v. Abrasive Co.

Action for $25,000 for personal injury, the result of the "shattering" of an abrasive cutting-off wheel. The jury returned a verdict for defendant, but a motion for a new trial was sustained upon the specified ground of error in the giving of defendant's Instruction No. 3. Defendant has appealed.

In a former trial, a jury returned a verdict for defendant and the trial court granted a new trial. In reviewing the case, this court held that plaintiff had made a case submissible to the jury as against defendant herein, but affirmed the trial court's ruling in granting, the new trial upon the…