Singer v. Swartz

Citations

• 22 N.M. 84
• 159 P. 745

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. The master owes the duty to the servant to exercise reasonable care and diligence to furnish him a safe place to work, as well as safe instrumentalities with which to do the work. P. 85</p> <p>2. Under the circumstances of this case, held, that it was the duty of the master to adjust the safety roller on the laundry mangle so as to minimize the danger of injury to the operators thereof. P. 86</p> <p>3. The servant assumes all the ordinary risks incident to employment, but not the extraordinary risks, unless he knew and appreciated the same. P. 88</p> <p>4. Where the evidence is of such a character that the proper inference to be drawn from it', as to the assumption of risk by the servant, is a question with respect to which different opinion may not unreasonably be formed, whether the servant assumed the risk or not is a question for the jury. P. 89</p> <p>5. Where tlie servant is a person of immature years, the cases in which the court may instruct the jury as a matter of law that the.servant assumed the risk is much more limited than in cases where the servant is a- person of mature years.</p> <p>P. 89</p>