Haun v. Cincinnati, C. C. & St. L. Ry.

Citations

• 18 Ohio C.C. Dec. 422
• 7 Ohio C.C. (n.s.) 379

Syllabus

<p>MASTER AND SERVANT.</p> <p>Douglass, Voorhees and Donahue, JJ.</p> <p>1. Masteb and Servant — Duty of Master to Notify Servant of Danger in Work not Essentially Dangerous but which may Become so by Employer’s Act.</p> <p>Where a servant, in the prosecution of the work of his employer, is obliged to take a position which is not necessarily dangerous, hut which may be rendered dangerous by the employer putting in motion a force or machine, it is the duty of the employer to notify the servant in time for him to avoid the consequences; and this must be done each and every time such machine or force, against which the servant cannot protect himself, is put in motion.</p> <p>2. Master and Servant — One Delegated by Master to Notify Servant of Impending Danger is not Fellow Servant but Vice Principal.</p> <p>The duty which a master owes to his servant, when the position of the servant doing the master’s work is not necessarily dangerous but may become so by the master’s putting in motion a force or machine, is one which he must perform or cause to be performed with reasonable care and diligence, and where a master causes this duty to be performed by another, the person so performing it is not a fellow servant within the meaning of that term, as it is understood in negligence eases, but he is the vice principal, and his negligence in that behalf is the negligence of the master and not of a fellow servant.</p> <p>[Syllabus approved by the court.]</p>