Deye v. Lodge & Shipley Mach. Tool Co.

Citations

• 137 F. 480
• 14 Ohio F. Dec. 625
• 1905 U.S. App. LEXIS 4566

Syllabus

<p>1. Master and Servant—Place to Work—Assumed Risk from Negligence of Fellow Servants.</p> <p>Where the place in which an employé was required to work, and where he was injured, was only dangerous because of the negligence of his fellow workmen in carrying on the work, the risk from such danger was one which was assumed, and the master cannot be held liable for the injury.</p> <p>[Ed. Note.—For casés in point, see vol. 34, Cent. Dig. Master and Servant, §§ 567-573.</p> <p>Assumption of risk incident to employment, see note to Chesapeake & O. R. Co. v. Hennessey, 38 C. C. A. 314.]</p> <p>2. Same.</p> <p>A company engaged in making heavy machine tools caused lathe beds, after they had been cast, to be taken to the finishing shop, where they were finished and cleaned, and piled up until wanted for use by the employes there, under directions of a foreman, who was generally competent. Held, that the .company owed no personal duty, as a master, to supervise the manner in which the beds were piled, and could not be held liable for an injury to a fellow servant of the foreman, caused by the slipping of on.e of the castings from a pile near which he was working, and which was alleged to have been, improperly built, on the theory that he was not furnished- with a reasonably safe place to work; the piling of the castings being a detail of the work itself, the risk from which was assumed by the workman.</p>