Reed v. Moore & McFerrin

Citations

• 153 F. 358
• 25 L.R.A.N.S. 331
• 1907 U.S. App. LEXIS 4414

Syllabus

<p>1. Master and Servant — Injuries to Servant — Assumed Risk.</p> <p>Plaintiff was employed in a box factory as a belt repairer and assistant to the machinery foreman, to whose orders he was subject. The freight elevator having fallen, plaintiff and the foreman started to repair it, and, without mailing any examination of the machinery, assumed that the elevator fell because of the breaking of the cord. A new cord was put in and a stop put on for the ground floor, when plaintiff and the foreman went up on the elevator to the second floor to put the stop- on there, but before they could do so the elevator fell, injuring both of them. After the accident a complete examination of the elevator disclosed that the drum shaft was bent, and that the sprocket wheel and gearing were so broken as to be inoperative, either of which might have caused the accident. Held, that plaintiff assumed the risk in assisting to put the elevator in repair.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 34, Master and Servant, §§ 551-558.</p> <p>Assumption of risk incident to employment, see note to Chesapeake & O. R. Co. v. Hennessey, 38 C. C. A. 314.]</p> <p>2. Same — Fellow Servants.</p> <p>Plaintiff and the foreman, while engaged in repairing the elevator, were fellow servants, so that plaintiff could not recover for the foreman’s negligence in failing to discover the defects in the elevator.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. voj. 34, Master and Servant, §§ 486-490.</p> <p>Who are fellow servants, see note to Northern Pac. R. Co. v. Smith, 8 C. C. A. 668; Flippin v. Kimball, 31 C. C. A. 286.]</p>