Pierson v. Citizens' Telephone & Telegraph Co.
Pierson v. Citizens' Telephone & Telegraph Co.
Opinion of the Court
It is undisputed that as the plaintiff was-being hauled up by his fellow workmen the open hook jumped from the taut messenger wire by reason of the intermittent character of the pulling and thus caused the plaintiff’s fall. It is also undisputed that the open'hook was a dangerous instrumentality to use for the purpose for which it was here' used, by reason of its liability to jump from the messenger wire when a heavy object like a human being was to be raised. On the other hand, it was a perfectly safe and proper instrument to' be used when a light object, like a kit of tools, was to-be raised. It is also undisputed that there was a perfectly safe way of getting-to any place desired between the poles, and that way was to ascend the nearest pole and ride out on an
By the Court. — Judgment affirmed.
Reference
- Full Case Name
- Pierson v. Citizens' Telephone and Telegraph Company
- Status
- Published
- Syllabus
- ■Master and servant: Negligence: Injury to servant using unsafe appliance by choice. Where a telephone company had furnished, for use by its employees, a safe appliance for getting to any desired place on cables between poles, but they deliberately chose to use instead an appliance which was dangerous for that purpose, and an injury to one of them resulted from such use, the company is not liable for such injury.