Leishman

Plaintiff was a journeyman molder in the service of defendant. While assisting in casting an iron piston-ring, he was seriously injured by the explosion of the mold in which the ring was being cast, and brought this action to recover damages for the injuries sustained. The case was tried before a jury, and at the close of the evidence the trial court granted a motion made by the defendant for a nonsuit. Judgment was entered accordingly in favor of defendant, and this appeal is taken from the judgment and from an order denying plaintiff’s motion for a new trial. The only question involved on the appeal is the validity of the judgment of nonsuit.

The material facts, as disclosed by the pleadings and evidence, stated as briefly as possible, are as follows: That plaintiff was injured at the time and place mentioned in the complaint, and there was evidence tending to prove that his said injuries were of a serious character. That at the time he was injured he was an employee of the defendant, working in the iron molders’ department of defendant. That he was injured while assisting in casting a piston-ring. That for the purpose of casting such piston-rings the employees of defendant…