Author Description

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886 edition. Excerpt:... of the particular work. These averments are: "That he had never been engaged at work similar to that at which he was hurt, and was ignorant of the dangers incident thereto, or how to avoid them; that the work he was required to do was only such as 'skilled mechanics and masters of the trade could do with safety; that, under the circumstances, a mechanic of experience would not have attempted to cut otf the steel piece, upon which the plaintiff was making said repairs, but would have driven it out with a pin punch or drift, as he has learned since the accident; that he was not aware at the time that said steel pin could be so driven out, defendant never having instructed him touching the same, and he having no experience that would give him said knowledge." It is the duty of the master to furnish his employe with suitable tools for the performance of the duties to which he may be assigned: Guthrie v. Railroad Company, 11 Lea, 372. It is also the duty of the master to give such warning, advice and instructions to a youthful and inexperienced employe as will enable him, by the exercise of reasonable care, to perform the duties of the employment with safety to himself, or, in other words, to put him in the same condition with reference to the dangers of the employment as would be an experienced servant: Thomps. on Neg, 978. If, therefore, the plaintiff had never in fact been employed in t-he particular work specified in the declaration, and was ignorant of the proper tools to perform it with safety, and the work was such as only a skilled mechanic could perform without risk, it was the duty of the railroad company to see that he was properly instructed as to the danger of the work, and to furnishhim with suitable tools to...