Pacheco

Defendant is a corporation engaged in the business of manufacturing iron and steel machinery. On April 7, 1892, plaintiff was employed at its works, and, while he was assisting in cutting up a plate of boiler iron by means of a pair of shears weighing some twelve tons and operated by steam, the casting forming the body of the lever or upper jaw of the shears broke; a fragment thereof fell upon plaintiff, and he sustained serious injury; he prosecutes this action to recover *544 damages, claiming that defendant was negligent both in the construction of the shears and the oversight of them after completion. At the trial, plaintiff having closed his evidence, the court directed a nonsuit, observing that a case of ordinary neglect by defendant was not made out.

It seems to have been assumed by the court and the parties on the trial that danger to the person of plaintiff was to be apprehended as a result of the breaking of the shears; this being predicated, there was evidence that the shears were made by defendant itself about October, 1891; the jaw or lever which broke was a heavy casting having a perpendicular section of two feet or more and a breadth of about eight inches; it moved…