Finan v. Sutch
Finan v. Sutch
Opinion of the Court
Opinion by
The appellant was injured while employed as a plasterer by falling from a scaffold on which he was working at the time a board he was standing on broke. The trial judge submitted the case to the jury and a verdict was rendered in favor of the plaintiff. Subsequently after due consideration, on motion made, judgment non obstante veredicto was entered for defendant. The negligence alleged in the statement of claim is that the scaffold was improperly and negligently constructed and by reason of the faulty construction and improper materials used the board broke and the injuries resulted. The fact is that there was a knot in the board which was hidden by the mortar so that it could not be seen. This
Judgment affirmed.
Reference
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- Syllabus
- Negligence — Master and servant — Plasterer—Scaffold. A master does not insure his own employees against each other, nor is he bound to supervise or direct every detail of their labor. They must exercise their own senses in the selection of material out of the mass provided for them and must use their own judgment in the handling and use of it. A plasterer cannot recover from his employer damages for personal injuries sustained by the breaking of a board in a scaffold on which he was working, where it appears that the board broke because of a knot in it; that the employer had furnished an abundant supply of good lumber for the construction of the scaffold; and that the scaffold had been built by journeymen plasterers under a rule of their organization, which required them to construct scaffolding for their own use. In such a case the plasterers who built the scaffold were fellow servants of the man who was injured.