Glenmont Lumber Co. v. Roy

Citations

• 126 F. 524
• 61 C.C.A. 506
• 1903 U.S. App. LEXIS 4344

Syllabus

<p>1. Injury to Servant — Negligence—Duty of Master.</p> <p>The master is not required to supply the best, newest, or safest appliances to secure the safety of his servants, nor is he bound to insure the safety of the place or of the machinery he furnishes. His duty is discharged if he exercises ordinary care to furnish a place and appliances reasonably safe and suitable for the use of his employés.</p> <p>2. Same — Factory Act — Assumption of Risk.</p> <p>The factory act of Minnesota (Gen. St. 1894, § 2248), which requires employers to guard or fence dangerous machinery as far as practicable, does not abolish the defense of assumption of risk. It does not deprive parties of the right to contract regarding the risks of their avocations.</p> <p>V1. See Master and Servant, vol. 34, Cent. Dig. §§ 172, 173, 181, 182.</p> <p>3. Same — Assumption of Risk.</p> <p>A servant, by entering or continuing in the employment of a master without complaint, assumes the risks and dangers of the service which he knows and appreciates, and those which an ordinarily prudent person of his capacity and intelligence would have known and appreciated in his situation, including the risks and dangers which arise from the failure of a master to fully discharge his duty to exercise ordinary care to furnish the servant with a reasonably safe place to work, and reasonably safe appliances to use.</p> <p>4. Same — Estoppel to Deny Appreciation of Open Dangers.</p> <p>An employé cannot be heard to say that he did not appreciate or realize the danger, where the defects were obvious, and the dangers would have been apparent to an ordinarily prudent person of his intelligence and experience in his situation.</p> <p>A Trial — Peremptory Instruction — Assumption of Risk.</p> <p>Where the uncontradicted evidence discloses the fact that the defects in the place or in the tools were obvious, and the danger from them apparent to an ordinarily prudent person of the experience and capacity of the servant, when