Maxfield v. Graveson

Citations

• 131 F. 841
• 65 C.C.A. 595
• 1904 U.S. App. LEXIS 4320

Syllabus

<p>1. Master and Servant — Injury oe Servant — Acts oe Fellow Servants.</p> <p>A master who furnished a stiff-leg derrick requiring no guy rope for use by his employés in unloading stone from cars, which was complete and in good repair, and suitable for the work, is not liable for the injury of an employe by the falling of a block forming part of a guy line which had been rigged by fellow servants of such employe for their own convenience to enable the derrick to be given a longer reach than it was intended to have, so that a car might be unloaded without being moved, such line having been put on in the absence of the master, and without his knowledge.</p> <p>2. Same.</p> <p>The fact that an employé was not present at the time a change was made in an appliance by his fellow servants, without the master’s knowledge, by reason of which he was subsequently injured, does not render the master liable for the injury.</p> <p>¶ 2. See Master and Servant, vol. 34, Cent. Dig. §§ 388, 397, 567.</p>