Kalker v. Hedden

The opinion of the court was delivered 'by

Fort, J.

The defendant is a hat manufacturer.

The plaintiff was an employe of the defendant.

The plaintiff worked at one of the sizing machines in the sizing-room of the defendant’s factory. The machine nearest to the machine at which the plaintiff worked was what is known as a “second” sizing machine. This machine was large and heavy, and was fastened in place by a number of five-inch screws. This machine was the onty machine, of the large number in the sizing-room, taking power directly from the main shaft.

On December 20th, 1901, about half-past seven…