Huber v. Jackson & Sharp Co.

Citations

• 15 Del. 374

Syllabus

<p>Master and Servant.—It is a primary duty of the master which cannot be delegated to provide for the servant a reasonably safe place in which to work, and the care required of him in providing such reasonably safe place in which to locate and operate machinery is in all cases in proportion to the dangerous character of the machinery.</p> <p>Same.—No employer by any implied contract undertakes that his buildings are safe beyond a contingency, or even that they are as safe as those of his neighbors, or that accidents shall not result to those in his service from risks which others would guard against more effectually than is done by him. Neither can a duty rest upon any one which can bind to so extensive a responsibility.</p> <p>Same. Negligence.—The failure to exercise ordinary care that the buildings and machinery such as they are shall not cause injury, and that the business as conducted shall not inflict damages upon those who are guilty of no negligence is negligence.</p> <p>Same. Tice Principal.—If the premises be in a dangerous condition and such dangerous condition is open and apparent to the servant, who with such knowledge continues to work therein, the master is not liable. If however, the servant notifies the master of the defect or danger and receives from him or a vice principal a promise that the defect shall be remedied, and is induced by reason of said promise to remain, and is injured within a reasonable time thereafter, without contributory negligence on his part, he is entitled to recover.</p> <p>Master and Servant.—Ii a servant applies for and accepts a certain class of employment, representing himself as competent, the master has a right to presume that he has a competent knowledge of such employment, and in such case if the jury believe-that the injury resulted from the want of skill or capacity on the part of the plaintiff they should find for the defendant without taking into consideration the dangerous character of the machinery used, excep