Eight Hour Tobacco Co. v. Koellner

Citations

• 22 Ohio C.C. Dec. 387

Syllabus

<p>MASTER AND SERVANT.</p> <p>1. Failure to' Guard Stationary Engine does not Make a Master Liable if not the Rroximate Cause of the Injury.</p> <p>Failure to enclose a stationary engine in a factory with a guard rail as provided by Gen. Code 1027, does not make the master liable for an injury to the seller of a steam pump, assisting the master’s own employes, in carrying it by the engine in operation, since it appears that an ordinary guard rail would not have prevented the accident.</p> <p>2. Instruction Erroneously Refused.</p> <p>The testimony having tended to prove that one assisting a master’s employes on carrying a heavy weight, accidentally, and through no fault of theirs, tripped over the corner of an engine platform while walking backwards past it, an instruction raising the theory that the tripping rather than failure to guard the engine was the proximate cause of the injury was improperly refused.</p> <p>3. Respondeat Superior.</p> <p>One, not an employe, assisting - employes in carrying by an unguarded revolving engine a heavy piece of machinery sold by him to the master, being injured by the negligence of the engineer causing him to fall against such engine, would recover under the doctrine of. respondeat superior and not for failure to maintain guard rails about the engine.</p>