Dilworth v. Carmichael

Citations

• 33 Ohio C.C. Dec. 111
• 18 Ohio C.C. (n.s.) 386
• 1910 Ohio Misc. LEXIS 371

Syllabus

<p>ELEVATORS — MASTER AND SERVANT</p> <p>Assumption that Failure to Signal of Lowering Elevator was Negligence of Fellow Servant Erroneous.</p> <p>In an action for personal injuries resulting from failure to give a signal before an elevator was lowered in a shaft where plaintiff was compelled to work, it is error to assume that the failure to give the signal was due to the negligence of a fellow-servant, and to render judgment on the pleadings for the defendant, when the pleadings do not state the specific employe whose duty it was to give the signal.</p>