Lucius Quintus Cincinnatus Lamar

Name: Washington Company v. McDade — Opinion of the Court
Author: Lucius Quintus Cincinnatus Lamar

Washington Company v. McDade — Opinion of the Court

Summary

“Washington Company v. McDade — Opinion of the Court”, is a work by Lucius Quintus Cincinnatus Lamar. It explores elements such as machinery, defendant and belt.

Quotes from Washington Company v. McDade — Opinion of the Court (Lucius Quintus Cincinnatus Lamar)

Lucius Quintus Cincinnatus Lamar, Washington Company v. McDade — Opinion of the Court

“ They are, however, bound to use all reasonable care and prudence for the safety of those in their service, by providing them with machinery reasonably safe and suitable for the use of the latter. If the employer or master fails in this duty of precaution and care, he is responsible for any injury which may happen through a defect of machinery which was or ought to have been known to him, and was unknown to the employe or servant. ”

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Source: Wikisource

Lucius Quintus Cincinnatus Lamar, Washington Company v. McDade — Opinion of the Court

“ The same remark is true of the instruction given by the court in lieu of the sixteenth one asked by the defendant. That instruction, as requested, was as follows: 'The employer is bound to use ordinary care and prudence in providing proper machinery, but he is not a guarantor of its safety. If he uses ordinary care and prudence he is absolved from responsibility. ”

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Source: Wikisource

Lucius Quintus Cincinnatus Lamar, Washington Company v. McDade — Opinion of the Court

“ On the other hand, the evidence offered by the plaintiff certainly tended to show that the injury would not have occurred but for the defect of the fixed pulley and the projecting screw; that the machinery was unsafe, and not such as was generally used in shops of that kind, as testified to by experienced machinists introduced by the plaintiff, and the only one examined in behalf of the defendant; that he (the plaintiff) was unaware of the dangers attendant upon putting on the belt by hand ”

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Source: Wikisource

Lucius Quintus Cincinnatus Lamar, Washington Company v. McDade — Opinion of the Court

“ The general principles of law by which the liability of an employer for injuries to an employe growing out of defective machinery is tested are well settled by those decisions. Neithr i ndividuals nor corporations are bound, as employers, to insure the absolute safety of the machinery or mechanical appliances which they provide for the use of their employes. Nor are they bound to supply the best and safest or newest of those appliances for the purpose of securing the safety of those who are thus employed. ”

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Source: Wikisource

Lucius Quintus Cincinnatus Lamar, Washington Company v. McDade — Opinion of the Court

“ Laborers employed in the mine entered the bucket to descend as usual; and upon word being given the engineer started to let it down, but soon found that the brake was not holding. The bucket fell rapidly for many feet, when it was suddenly stopped by planks across the shaft, and the laborers were hurt. ”

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Source: Wikisource

Lucius Quintus Cincinnatus Lamar, Washington Company v. McDade — Opinion of the Court

“ Held, that the cases were properly submitted to the jury, who were warranted in finding verdicts for the plaintiff.' In the course of the opinion the court said: 'The risk of the safety of machinery is not assumed by an employe unless he knows the danger, or unless it is so obvious that he will be presumed to know it.' And in another part of the opinion it was said: 'The plaintiffs were allowed to show that other machinery or appliances than those used by the defendant would have been safer ”

Lucius Quintus Cincinnatus Lamar

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Quotes from Washington Company v. McDade — Opinion of the Court (Lucius Quintus Cincinnatus Lamar)

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