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· 10/4/1913

Carr v. Continental Fibre Co.

Citations

  • 27 Del. 290
  • 4 Boyce 290
  • 88 A. 467
  • 1913 Del. LEXIS 45

Syllabus

<p>Master and Servant—Injuries to Servant—Actions—Declaration— Sufficiency.</p> <p>In an action by a servant, the declaration alleging that he was employed by defendant, that he was set to work with others to lower a barrel down a steep stairway, that he complained of the hazard of-the employment and was promised proper implements, that he was instructed to go down the stairway to aid in lowering the barrel, that relying on such promise he went down the stairway and the defendant failed to fulfill its promise to furnish necessary implements, but started the barrel down the stairway without any such implements and without notice to him or opportunity for him to get out of the way, whereby he was injured, fails to state a cause of action, because not showing whether he was injured in assisting in lowering the barrel, or whether he was injured because being placed in an unsafe position, or from the lack of implements with which other men labored.</p>

Judges: Woolley

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