Clough v. Benjamin F. Shaw Co.

Citations

• 26 Del. 458
• 3 Boyce 458
• 84 A. 1034
• 1912 Del. LEXIS 59

Syllabus

<p>Master and Servant—Injuries—Allegations of Declaration—Negligence.</p> <p>The declaration alleged that defendant owned a machine shop, and that plaintiff was employed as a machinist, and, when injured, was placing large steel pipes in position in a lathe to be faced; that it was the custom to hoist the pipes into position by hoists, which were supported by an overhanging track; and that plaintiff was using the hoist for lifting the pipes into position when, by reason of the defendant’s negligence in not keeping said chain hoist in a safe condition, it fell or broke away from the track which supported it, and fell upon plaintiff and injured him. Held, that the declaration was demurrable for not alleging the facts constituting the alleged negligence with sufficient certainty.</p>