Muser-Sauntry Land, Logging & Mfg. Co. v. Brown

Citations

• 126 F. 141
• 61 C.C.A. 207
• 1903 U.S. App. LEXIS 4294

Syllabus

<p>1. Master and Servant — Injury of Servant — Contributory Negligence.</p> <p>Although a servant who has called the master’s attention to a defective tool continues its use at the master’s request, and on a promise to supply a better tool within a reasonably short time, he is not thereby freed from the charge of negligence contributing to his subsequent injury, where the character of the work is such that it cannot be prosecuted by means of the defective tool without subjecting him to such great or imminent risk of serious injury that a person of ordinary prudence would not incur it.</p> <p>2. Same — Assumption of Risk.</p> <p>Where a defect in a tool furnished for the use of a servant is obvious and well known to him, and the danger from its use is apparent and appreciated by him, by continuing in the employment and the use of the tool he assumes the risk incident to such defect, notwithstanding a promise by the master to remedy it. Per Sanborn and Yan Devanter, Circuit Judges.</p> <p>•8. Same.</p> <p>Plaintiff was employed in unloading logs from sleds on which they were piled several feet high, and bound with a chain, which plaintiff loosened by knocking out the hook with an ax. He requested an ax with a longer handle, and was promised one by the foreman, but meantime continued at work with the one provided until he was injured by the logs rolling down upon him. He knew that some of them usually fell as soon as the chain was released, but relied on his ability to get out of the way by running. Held, that by continuing the work with full knowledge of the danger he assumed the risk therefrom, and was moreover guilty of culpable negligence contributing to his injury, which precluded his recovery therefor.</p> <p>If 2. Assumption of risks incident to employment, see note to Chesapeake & O. R. Co. v. Hennessy, 38 C. C. A. 314.</p> <p>See Master and Servant, vol. 34, Cent. Dig. §§ 642, 645.</p>