Sowles v. Norcross Bros.

Citations

• 195 F. 889
• 115 C.C.A. 577
• 1912 U.S. App. LEXIS 1439

Syllabus

<p>1. Master and Servant (§§ 301, 102*)—Obligation of Master—Safe Place and Safe Instrumentalities.</p> <p>A master must, as a general rule, use reasonable diligence to furnish Ins servants a safe place and safe appliances, and a servant to whom such duty is delegated is a vice principal, and his negligence is the negligence of the master.</p> <p>[Ed. Note.—For other cases, see Master and Servant, Cent. Dig. §§ 135, 173, 172, 180-184, 192; Dec. Dig. §§ 101, 102.*]</p> <p>2. Master and Servant (§ 107*)—Obligation of Master—Safe Place and Safe Instrument ai, i ties .</p> <p>The rule that a master must use reasonable diligence to furnish his servants a safe place and safe appliances does not apply where a master supplies suitable materials for the construction of an appliance, which' he is not required to furnish in a completed state, and which the servants within the scope of their employment must construct, and where the construction of an instrumentality is a part of the work to be done by the servants, all servants engaging in the work, including the foreman in charge, are fellow servants.</p> <p>PKd. Mote.—For other cases, see Master and Servant, Cent. Dig. §§ 178, 179, 199-202, 232, 251, 255; Dec. Dig. § 107.*]</p> <p>3. Master and Servant (§ 107*)—Obligation of Master—Safe Place and Safe Instrumentalities.</p> <p>A master need only furnish suitable materials for the construction by the servant of scaffolds, stagings, and other structures of a temporary character, where it is apparent that a servant in undertaking.the work knows that the construction of the appliances is an incident to the performance of Ms duties, but where an appliance is of an unusual character, which tlui servant does not and cannot be presumed to know how to construct, and which the foreman in charge directs him to construct in a particular way. the construction of the appliance is not a detail of the servant’s work, and the master is liable for the foreman’s negligence, and the question whe