Sexton & Houston v. Turner

Citations

• 89 Va. 341
• 15 S.E. 862
• 1892 Va. LEXIS 107

Syllabus

<p>1. Employers and Employees—Duties—Risks.—It is the duty of employers to use ordinary diligence to avoid exposing their employees to extraordinary risks; but the latter, entering upon an employment, accept the risks incident thereto.</p> <p>2. Idem—Contributory negligence.—Though master be guilty of negligence, yet, if the injury to plaintiff be the proximate result of his own negligence, he cannot recover.</p> <p>3. Idem—Cas? at bar.—A. number of holes had been drilled and loaded and exploded, and the blasters had returned from cover. The boss said one hole had blown out without effect and was filled with dirt, and directed the. men to drill it. out again. Plaintiff expressed some fear, but went to work and, whilst holding the drill, he was injured by an explosion. Whether the hole had blown out might easily have been ascertained by either boss or plaintiff.</p> <p>Held :</p> <p>Plaintiff’s negligence, notwithstanding that of boss, such as to prevent recovery.</p>