Sardo v. Moreland
Sardo v. Moreland
Opinion of the Court
delivered the opinion of the Court:
Notwithstanding the able and ingenious argument of counsel for the appellant, we are unable to find that’ the court below committed any error in the trial of this case. The principles of law invoked by counsel and so well and ably stated by them are plain enough; but the difficulty of their case is that there are no facts which would sustain their application. In our opinion, there is no proof of the alleged negligence of the appellees; and, on the contrary, there is abundant evidence of negligent action on the part of the appellant, or rather of his exceedingly improvident exposure of himself to unnecessary danger.
The claim is that the appliances provided by the appellees for the hoisting of deer were insufficient and dangerous. There is no proof whatever that the appellees provided any appliance for such hoisting on the present occasion, or that they ordered the deer to be hoisted; and it is not at all certain from the evidence that it was their intention to hoist this deer. There is no proof as to the character of appliance used on any former occasion, if any was used; and no proof that the appliance employed at the time of this accident was of the same kind as had been previously used. The record is wholly silent on this point; and there is nothing in it upon which even a reasonable inference could be based.. If there was anything in the proof of custom which the appellants sought to introduce, and which they were finally permitted by the trial court to introduce, it is fair to infer, so far as this record discloses, that the appellees had used the same appliances and the same methods as the other dealers in the same class of business.
As we have said, there is no proof whatever that any such appliance as this had ever been used before by the appellees, or had been at any time authorized by them to be used. And the utmost that could reasonably be claimed here is that they gave a tacit consent to its use on the present occasion because they did not object to it. It is shown that Moreland was some twenty feet away from the place of the accident, and might have seen what was going on, if he was looking that way. But we are not therefrom to infer that he was looking that way, was cognizant of what was being done, and tacitly sanctioned it. Negligence may be inferred from circumstances; but the circumstances must be such as reasonably to justify the inference. Mere possibility that one might have had knowledge, if certain conditions are assumed as having existed, will not justify the imputation to him of such knowledge.
We think that there was nothing in this cause to be submitted to a jury; and we are of opinion that the trial court was entirely right in directing a verdict for the appellees. The judgment appealed from, therefore, must be affirmed, with costs. And it is so ordered.
Reference
- Full Case Name
- SARDO v. MORELAND
- Status
- Published
- Syllabus
- Master and Servant; Negligence; Contributory Negligence. In an action by a servant against his masters to recover damages for injuries received because of their alleged negligence in providing an improper and unsafe appliance for the conduct of the work on which he was engaged, the action of the lower court in directing a verdict for the defendants held not to be erroneous, the testimony failing to show that the defendants had ever used or authorized the use of a similar appliance previous to the accident, or that on the occasion of the accident they authorized or knew of the use of the appliance in question, while it showed that the accident resulted from the voluntary, thoughtless and improvident act of the plaintiff himself.