Rockport Granite Co. v. Bjornholm

Citations

• 115 F. 947
• 53 C.C.A. 429
• 1902 U.S. App. LEXIS 4265

Syllabus

<p>1. Master and Servant — Assumed Risks.</p> <p>While an employé assumes the known risks of his employment, he assumes them with all of their qualifications, which include the exercise of the care which the employer is accustomed to use to obviate or minimize the danger from such risks.</p> <p>2. Same — Safety of Ways and Works — Care Required of Servant.</p> <p>It was not error to refuse an instruction that an employé could not recover for an in.iury alleged to have resulted from the negligence of the master, in failing to make proper examination and test of a ledge of rock before a blast was made, if he “had as good an opportunity as defendant’s superintendent to examine the situation,” where he was not charged by his employment with any duty in that respect, and the defect which caused the accident was not so obvious that he must be held to have known of it as matter of law. Railroad Co. v. O’Leary, 93 Fed. 737, 741, 35 C. C. A. 562, applied.</p>