Snyder v. Viola Mining & Smelting Co.

Citations

• 3 Idaho 28
• 26 P. 127
• 1891 Ida. LEXIS 11

Syllabus

<p>Eellow-servant — Contributory Negligence oe Employee. — Eellowservant S. was a miner engaged in underground work. G. was a blacksmith engaged in same mine, in sharpening tools for use of miners, and whose duty it was to deliver such tools after being sharpened to miners at work in mine. Held, that S. and G. were fellow-servants, and held, further, that for carelessness in delivering such tools to miners by G., whereby S. was injured, defendant was not liable; defendant not being shown to be in fault.</p> <p>Evidence — Contributory Negligence — Liability op Company.— Where the evidence shows that the defendant had furnished safe and convenient machinery and appliances for the performance of the required labor, and either the plaintiff or his fellow-servant, or both, for their own convenience, had seen fit to use other means or appliances than those furnished by defendant, and injury results therefrom, the defendant is not liable, and in such case plaintiff is guilty of contributory negligence.</p> <p>(Syllabus by the court.)</p>