James Griffith & Sons Co. v. Brooks

Citations

• 197 F. 723
• 117 C.C.A. 117
• 1912 U.S. App. LEXIS 1318

Syllabus

<p>1. Master and Servant (§ 286*) — Injuries to Servant — Negligence—Question eor Jury.</p> <p>Where a company which undertook to restore partially destroyed buildings engaged an independent contractor to do certain wrecking work in which a derrick was required, installed, and used by him, it owed a duty to its employés working on the premises under its orders to see that the derrick was properly installed, and to inspect it; and. in an action against it hy its employés for injuries received from the falling of the derrick through being iimproperly fastened, where a casual inspection would have disclosed the defect, the question of the company’s negligence was for the jury.</p> <p>“ TEd. Note. — For other cases, see Master and Servant, Cent. Dig. §§ 1001, 1006, 1010-1050; Dec. Dig. § 286.*]</p> <p>2. Master and Servant (§ 286*) — Contributory Negligence — Question eor Jury.</p> <p>In actions by employés for injuries from the falling of a derrick which was insecurely fastened, the question of whether the employer's instruction to enter upon the premises was such an assurance of safety as relieved them from their duty to inspect the derrick, if such a duty existed, was for the jury.</p> <p>[Ed. Note. — For other cases, see Master and Servant, Cent. Dig. §§ 1001, 1006, 1010-1050; Dec. Dig. § 286.*]</p>