American Car & Foundry Co. v. Barry

Citations

• 195 F. 919
• 115 C.C.A. 607
• 1912 U.S. App. LEXIS 1444

Syllabus

<p>1. Master and Servant (§ 270*)—Injuries to Servant—Defective Appliance—Prior Accident with tiie Save Tool.</p> <p>Th an action, for injuries to a servant by the telescoping of a car jack, evidence that a jack identified as the same one had slipped nearly three weeks before and injured another servant was admissible.</p> <p>[Ed. Note.-—For other cases, see Master and Servant, Cent. Dig. §§ 913-927, 932; Dec. Dig. § 270.*]</p> <p>2. Master and Servant (§ 265*)—Injuries to Servant—Defective Appliance—Res Ipsa Uoquitur.</p> <p>The rule that the doctrine of res ipsa loquitur has little, if any, application between employer and employe, is not of unvarying application.</p> <p>[Ed. Note.—For other cases, see Masier and Servant, Cent. Dig. §§ 877-908, 955; Dec. Dig. § 265*</p> <p>Application of doctrine of res ipsa loquitur in actions for injuries to servants, see note to Carnegie Steel Co. v. Byers, 2 C. C. A. 121.]</p> <p>3. Master and Servant (§ 286*)—Injuries to Servant—Defective Appliance-Question for Jury.</p> <p>Where a servant was injured by the sudden telescoping of a car jack which had failed to work in the same manner before, which was not produced and the working machinery of which was inclosed, so that no one could tell in just what way it was defective, whether defendant was negligent in furnishing such a jack for use was for the jury.</p> <p>[Ed. Note.—For other cases, see Master and Servant, Cent. Dig. §§ 1001, 1006, 1008, 1010-1015, 1017-1033, 1036-1042, 1044, 1046-1050; Dec. Dig. § 286.*]</p> <p>4. Master and Servant (§ 264*)—Injuries to Servant—Defective Appliance-Specific Defect.</p> <p>In an action for injuries to a servant by the telescoping of a car jack, plaintiff alleged that the jack was old, worn, and defective; that the dogs and ratchets were worn, and on that account it was liable to slip when a weight was placed thereon, and that the jack, by reason of its weakness and its defects, suddenly slipped, and let the car down on plaintiff’s hand.