Petroleum Iron Works Co. v. Boyle

Citations

• 179 F. 433
• 102 C.C.A. 579
• 1910 U.S. App. LEXIS 4659

Syllabus

<p>1. Master and Servant (§§ 101, 102, 124*) — Master’s Liability for Injury to Servant — Machinery and Appliances — Master’s Duty.</p> <p>The general rule with respect to the installation and use of a given machine or other article is that an employer discharges his duty of exercising ordinary care to provide a reasonably safe place to work if he buys the machine from a reputable manufacturer, and uses ordinary care in inspecting it before using; and it is also the general rule that, where there is no visible defect in the machine, the purchaser is not negligent in failing to discover defects which were not discoverable by the use of the usual tests, but be is not absolved from the duty of making what is, under the circumstances, a reasonable inspection.</p> <p>[Ed. Note. — For other cases, see Master and Servant, Cent. Dig. §§ 285-242; Dec. Dig. §§ 101, 102, 124.*]</p> <p>2. Master and Servant (§ 124*) — Inspection of Machinery — “External Examination.”</p> <p>An “external examination,” such as a purchaser of a machine or appliance, which is to be used in the place where his employes are to work, -is required to malfe,-. is not necessarily limited to-the outer surface as distinguished from the inner surface of a valve actually exposed or naturally exposable to,view in the process of installation.</p> <p>[Ed/ Note. — For other cases, see Master and Servant, Cent. Dig. §§ 235-242; Dec. Dig. § 124:*] .</p> <p>3. Master and Servant (§ 286*) — Action for Injury to Servant — Questions for- Jury — Inspection of Appliance.</p> <p>Plaintiff’s intestate, an employé in defendant’s iron works, was killed by the explosion of a valve in an air compression line, which was structurally -defective and unfit, by reason of blowholes in the iron. It was a standard valve, purchased from a reputable dealer, and made by a reputable manufacturer with a guaranty of its sufficiency. It was 12 inches long and 5 inches in diameter, and while the holes were concealed by paint, on the outside