O'Brien

Appeal from a judgment in favor of defendant, entered upon a verdict returned by a jury. There is also an appeal taken from an order denying a motion for new trial.

Plaintiff was operating a shirt-ironing machine in the establishment of defendant. The machine was arranged in such a way that, after the shirt was placed upon a board or holder, the board was made, by mechanical means, to pass forward and backward underneath hot rollers. The fingers of plaintiff’s right hand were caught in the rollers and burned. She alleged that the machine was unsuitable and dangerous in that it would, without warning, act irregularly and “jump”; and that because of the “jumping” her hand was caught and her fingers burned and injured. Defendant denied negligence on its part, and alleged further “that if plaintiff was injured in the operating of said machinery the said alleged accident was due to plaintiff’s carelessness in operating the said shirt polisher.” It is first contended that this allegation was insufficient to present the issue of contributory negligence. However, we find upon examining the statement of the evidence, that testimony without objection was introduced tending to show, and…