Lake v. Shenango Furnace Co.

Citations

• 160 F. 887
• 88 C.C.A. 69
• 1908 U.S. App. LEXIS 4272

Syllabus

<p>1. MASTER AND SERVANT — NEGUTOENCE—ASSUMPTION OE RISK — NUMBER OE SEEV ANTS — F A OTS.</p> <p>The deceased and two follow servants had been operating a hand hoist and lowering timber with it into the shaft of a mine for about a month, when the master directed him to operate it with one co-workman, and he did so without objection. The hoist consisted of a chain attached to a rope which ran over a pulley suspended to a tripod above the shaft, and the other end of the rope was attached to a drum by which the rope was wound up by the use of adjustable cranks on the ends of the drum, and the descent of the load was controlled by a friction brake applied to the drum by a lever. After the chain was fastened around the load, it was necessary to wind the rope up until it was taut, and to apply the brake upon a signal from the chainman before the load slid or swung into the shaft, because it was so heavy that tho workmen could not hold it up with the cranks. After six or seven loads had been safely lowered by the two men, the deceased, who was acting as chainman, directed his fellow workman to continue to wind np the rope so long that it slid the load into the shaft before the brake was applied. Held, the deceased/ assumed the risk of operating the machine in this way with but one assistant.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 34, Master and Servant, §§ 559-566.</p> <p>Assumption of risk incident to employment, see note to Chesapeake & O. R. Co. v. Hennessey, 38 C. C. A. 314.]</p> <p>2. Saids — Evidence oe Change after Accident Inadmissible.</p> <p>Evidence that after an accident a master employed more men, repaired his machinery, or adopted a different method in the conduct of his business, is inadmissible to prove .his negligence at the time of the accident.</p> <p>[Ed, Note. — For cases in point; see Cent. Dig. vol. 31, Master and Servant, § 918.]</p> <p>3. Evidence — Opinion Evidence When Inadmissible.</p> <p>When an issue, its subject-matter, a