Eastern Expanded Metal Co. v. Galvao

Citations

• 195 F. 737
• 115 C.C.A. 537
• 1912 U.S. App. LEXIS 1427

Syllabus

<p>1. Master and Servant (§ 289*)—Injuries to Servant—Contributory Negligence.</p> <p>An inexperienced foreigner, 18 years old, was employed by a contractor for the cement, work in the construction of a building. On the morning of his second day’s work he was taken to the second floor, where he was injured by a falling beam, hoisted by the structural iron work contractor. He had no knowledge of the danger, and, though the superintendent of the contractor for the cement work was notified that the structural iron contractor was to raise iron beams, he failed to warn the employé of the danger, but ordered him into a place of danger. Held, that the employé was not, as a matter of law, guilty of, .contributory negligence.</p> <p>[Ed. Note.—For other cases, see Master and Servant, Cent. Dig. §§ 1089-1132; Dec. Dig. § 289.*]</p> <p>2. Master and Servant (§ 28S*)—Injuries to Servant—Assumption of Risk. •</p> <p>The employé did not as a matter of law assume the risk of injury.</p> <p>[Ed. Note.—For other cases, see Master and Servant, Gent. Dig. §§ 1068-1088; Dec. Dig. § 288.*</p> <p>. Assumption of risk incident to employment, see note to Chesapeake & O. R. Co. v. Hennessey, 38 C. C. A. 314.1</p> <p>3. Master and Servant (§ ISO*)—Injuries to Servant—Fellow Servants— Vice Principal.</p> <p>A person who had general superintendence over a contractor’s part of the structural iron work in the construction of a building, who hired and discharged the help, bought the materials and received them, oversaw the forming and placing of the materials, gave whatever notices were given, and who gave orders to the help and had full charge of the work, was not a fellow servant of an employé hired by him; and it was his duty to warn the employé, who was inexperienced, of known hazards, and his failure to do so1 was the failure of the employer to discharge a nondelegable duty.</p> <p>[Ed. Note.—For other cases, see Master and Servant, Cent. Dig. §§ 427-435, 437-448; Dec. Dig. § 189.*</p> <p>Wh