Martinez

Plaintiff Martinez brought this action for damages against the manufacturer and bailor of a paper baler. The trial was before a jury and Martinez appeals from a judgment in favor of both defendants.

Martinez was injured during the course of his employment as a baler tender by Sacramento Waste Disposal Company (hereinafter called Disposal). The machine which he was operating, a certain hydraulic down-stroke paper baler, had a metal bolt shear off, allowing an 800-pound platen on the baler to fall on Martinez’ arm, and resulting in serious injuries.

The baler, which was manufactured by Nichols Conveyor and Engineering Company (hereinafter Nichols), was sold to defendant Independent Paper Stock Company (hereinafter Independent) but at Independent's request shipped to Disposal and used there pursuant to an arrangement by which Disposal would bale paper for Independent.

There was evidence at the trial that Disposal, Martinez ’ employer, had made an addition to the baler after its delivery, having added a chain and pipe to the platen so as to utilize the upstroke of the piston to unload a completed bale from the machine.

On one occasion before the accident the bolt had broken and…