Pearson v. Norling
Pearson v. Norling
Opinion of the Court
The complaint, in this a personal injury action, alleged that plaintiff, employed in defendant’s lumber camp, was injured by an ax used by another servant of defendant flying off its handle and cutting plaintiff severely in the knee. It is alleged that the injury was caused by defendant’s negligence in failing to provide plaintiff’s fellow servant with an ax having a suitable handle, and instead thereof providing such servant with an “ax whose handle was old, weak, cracked, and worn out, so that it was in great danger of breaking, and the said ax was in great danger of flying off from the broken handle when the said ax and handle were used in an ordinary manner by the said fellow servant; all of which facts were well known to the defendant but unknown to the plaintiff.” A demurrer to the complaint was overruled, and defendant appeals.
The appeal is without merit, and the order is affirmed.
Reference
- Full Case Name
- GUST PEARSON v. CHARLES NORLING
- Status
- Published