McGill v. Cleveland & South-Western Traction Co.

Citations

• 79 Ohio St. (N.S.) 203

Syllabus

<p>Rule that where master directs servant — To continue use of defective tool — Relieves servant of risk — Does not apply to tool of simple construction, when — Law. of respondeat superior— Servant injured by defective step-ladder.</p> <p>1. The rule that a direction by the master to continue the use of a defective instrument or tool, coupled with a promise to replace it with one not defective, relieves the servant from the doctrine of assumed risk if injured during such continued use and because of the defect, does not apply to cases of ordinary labor with a tool of simple construction with which the servant is entirely familiar, and which he understands and comprehends as fully as the master.</p> <p>2. Where an employe whose duties require him to use an ordinary step-ladder, discovers and appreciates that the step-ladder has become and is defective, dangerous and “unfit for him to use in connection with his said work,” and he notifies the master, who promises to furnish another, but before doing so the employe in using such defective step-ladder is injured, the master under such circumstances is not liable</p>