Jacques v. Miami Ice & Cold Storage Co.

Citations

• 73 Fla. 1193
• 75 So. 788

Syllabus

<p>1. Where one is employed by another to repair or tear down a building or part of a structure the timbers of which are decayed and their condition although not apparent is ascertainable by reasonable inspection, the employee assumes the risk • of injury incident to the employment.</p> <p>2. The doctrine that the master should provide his servant with a reasonably safe place to work has no application where the work for which the servant is employed is in its nature a dangerous employment and is rendered more so as the work progresses.</p> <p>3. Where one is employed to tear down or repair a building and the employer does not undertake to direct the employee as to how the work should be performed, but leaves that to the discretion of the employee the latter should exercise reasonable precaution to ascertain the condition of the timbers and the existence of hidden dangers or defects in the structure and cannot in the case of injury sustained from falling timbers during the progress of the work caused by their rotten or decayed condition hold his employer liable for negligence in not providing a safe place for his employee to work.</p>