Lyons v. Knowles

Citations

• 3 Cal. Unrep. 846
• 32 P. 883
• 1893 Cal. LEXIS 1001

Syllabus

<p>Employer’s Liability—Defective Appliances—Evidence.—In an action by a servant against the master for injuries caused by the breaking of the hook of the upper block on a derrick used in moving stone, there was evidence that the hook, which was of wrought iron, broke because of crystallization. The derrick, block, and hook had been in use but a few months. Defendant’s expert testified that, if the iron had been flawless, the hook could have been safely used for about five years in lifting from seven to ten tons, while plaintiff’s expert testified that if the hook was new it would support six tons, which was the weight of the stone being raised when the hook broke. Held, that the evidence was insufficient to charge defendant with negligence.</p>