Schmidt v. Southwestern Brewery & Ice Co.

Citations

• 15 N.M. 232
• 107 P. 677

Syllabus

<p>SYLLABUS.</p> <p>1. The master is liable for injury to servant by means of defective appliance where the defect was known to both master and servant, the defect being not so palpably .dangerous that an ordinarily prudent, careful, cautious man-would refuse to use it, the master having promised to repair and requested the servant to use the appliance until repaired, and where servant relied upon the promise of the master to repair.</p> <p>2. The master is liable, during the. running of his promise to repair a known defect, in all cases, unless the servant, either by continuing the service an unreasonable length of time or by the use of the-appliance.when in an imminently dangerous condition, has by his own conduct released the master.</p> <p>3. There is no -error in the refusal of an instruction which even though sound is not applicable.</p> <p>4. Verdict of $7,500 for plaintiff not excessive. Quaere? It was for the jury alone to choose between the testimony of the plaintiff and that of the physician who testified for the defendant.</p>