Negligence — Blower — Testing room — Circumstances — Contributory negligence.
In a trespass case, in which it appeared that while plaintiff, a machinery inspector for the United States Navy, was inspecting a high speed forced draft blower in defendant's testing room he was struck in the eye by a foreign non-metallic object; and plaintiff contended that defendant's negligence consisted of the improper design and construction of the testing room, with respect to the adequacy of the provisions made for taking off safely into the outer atmosphere the large volume of air forced from the blower at a great rate of speed; it was Held that the questions of defendant's negligence and plaintiff's contributory negligence were for the jury.
OPINION PER CURIAM, May 21, 1951:
The question of the defendant's negligence is indeed a close one. But, a majority of the members of the court who heard the argument of this appeal are of the opinion that the case could not properly have been taken from the jury. Consequently, the learned court below was correct in refusing the defendant's motion for judgment n.o.v. The judgment for the plaintiff is affirmed on the opinion of Judge GUERIN for the court en banc.
Judgment affirmed.