McGrath v. Thompson
McGrath v. Thompson
Opinion of the Court
Opinion by
It is well settled that it is the duty of an employer to .provide suitable appliances with which his employee, exercising due care for his own protection, can perform his
In the present case it appears that the plaintiff was injured by falling from the roof of a tank which he was painting. The record shows that he made a written statement of the facts of the accident, a few weeks after it occurred. In that statement he says: “On November 19, 1907, we were ordered to go to Twelfth street and Washington avenue to paint a tank there. I took my own rope down from the shop and rigged it myself on top of the tank. We had gotten down to the place about 9 A. m. and worked then until about 11.30 a. m., and I had finished almost all the top of the tank and at that time in some manner unknown to me, I fell from the top of the tank to the roof below. I do not know exactly how the thing happened, as I had almost finished and everything had worked all right up until the time the accident happened.” If the plaintiff had repeated this story exactly on the witness stand, he would have disclosed no right to recover against his employers, the defendants. But at the trial, while admitting everything else contained in the written statement, he denied that he had rigged the rope himself, and said that he asked the foreman to make a loop in the end of the rope, and tie a knot for him; and that the foreman did so. He further testified that he then took this rope to the roof of the tank, and fastened the loop over the knob at the apex of the roof, and that he held the rope in his left hand to support himself as he lay on the roof while painting with his right hand. He continued at this
, The assignments of error are sustained, and the judgment is reversed, and is here entered for the defendants.
Reference
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- Negligence — Master and servant — House painter — Safe appliances— Ropes — Tying knot in rope — Duties of foreman. 1. In an action by a house painter against his employer to recover damages for personal injuries, a verdict and judgment for the plaintiff cannot be sustained where it appears from the testimony that the plaintiff was directed to paint a small circular roof, having a radius of only about eleven feet, that he selected a rope himself from defendant’s shop; that the rope was in good condition; that he asked the foreman to make a loop in the end of the rope and tie a knot for him, and the foreman did so; that he then took the rope, fastening the loop over the knob at the apex of the roof, and continued to paint around the roof for two or three hours, holding the rope in his left hand to support himself, and that in some unexplained manner the knot came untied, and plaintiff fell from the roof, suffering the injuries of which he complained. 2. An employer is not bound to supervise every detail of the labor of his employee, to prevent injury in the ordinary course of the work, from dangers which might be avoided by the use of ordinary care. The workman must use his own judgment as to the manner of handling appliances which are properly provided, and the use of which is obvious.