Ohio & Pittsburgh Milk Co. v. Fehl

Citations

• 187 F. 792
• 109 C.C.A. 640
• 1911 U.S. App. LEXIS 4234

Syllabus

<p>Master and Servant (§ 289*) — Action for Injury to Servant — Contributory Negligence — Question for Jury.</p> <p>Defendant milk company ran some 70 or 80 wagons, keeping tlie horses in a barn, where, it employed a stable boss and harness repair man. Plaintiff was a driver of one of the teams, which became frightened and ran when the lines broke, and he was seriously injured in the wreck. The lines were old and had been mended. The horses plaintiff had usually driven were gentle, but one had been changed; and plaintiff complained to the stable boss that the lines were not strong enough, but the boss examined them, and told him to use them for a few days longer. Held, that the danger was not so obvious that plaintiff could be charged with contributory negligence as matter of law in accepting tbe assurance and promise of the boss, but that the question was properly submitted to • the jury.</p> <p>[Ed. Note. — For other cases, see Master and Servant, Cent. Dig. §§ 1089-1132; Dec. Dig. § 289.*]</p>