Federal Lead Co. v. Lohr

Citations

• 179 F. 692
• 103 C.C.A. 238
• 1910 U.S. App. LEXIS 4693

Syllabus

<p>1. Master and Servant (§ 270*) — Action for Injury to Servant — Evidence —Other Accidents.</p> <p>Plaintiff was employed in defendant’s lead works; his duty being to operate a drum which drew an ore car up an incline to the top of a furnace, to swing down doors in the furnace, and to open doors in the bottom of the ear, dumping the ore into the furnace. The doors were operated by means of levers; that on the car being held in place by a square shoulder from which it was prevented from slipping by a latch. Plaintiff was inexperienced and was instructed to first open the latch, then operate the furnace door levers, and last to knock' the car door lever free from- the shoulder. In operating the furnace levers he was required to stand close to the car, and while doing so his left arm was struck and injured by the lever of the car door, which was jarred from the shoulder, the outer edge of which had become rounded by wear. Meld, in an action to recover for the injury, that evidence was admissible to show that a former employé had been injured in the same manner and had previously complained of the insecurity of the fastening, although the latch had been placed on the ear afterward; the conditions being similar after the latch was unfastened, and also to show that the unfastening of the latch béfore operating the furnace doors, as he was instructed to do, was unnecessary and dangerous.</p> <p>[Ed. Note. — For other cases, see Master and Servant, Cent. Dig. § 930; Dec. Dig. § 270.*]</p> <p>2. Master and Servant (§ 289*) — Master’s Liability for Injury to Servant-Contributory Negligence.</p> <p>The following by an inexperienced workman of the master’s instructions, as to the manner of doing his work, by reason of which he was injured, held not so obviously dangerous as to charge him with contributory negligence as a matter of law.</p> <p>[Ed. Note. — For other cases, see Master and Servant, Cent. Dig. § 1105; Dec. Dig. § 289.*]</p>