Dumas v. Stone
Supreme Court of Vermont
Case for personal injuries sustained through the neglect of the defendant. Plea, the general issue. Heard at the April term, 1892, upon the report of a referee, Taft, J., presiding. Judgment for the plaintiff. The defendant excepts. The plaintiff was a stone mason in the employ of the defendant and was injured by the fall of a derrick occasioned by the breaking of a guy rope. The derrick had been set up under the personal supervision of the defendant.
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Case for personal injuries sustained through the neglect of the defendant. Plea, the general issue. Heard at the April term, 1892, upon the report of a referee, Taft, J., presiding. Judgment for the plaintiff. The defendant excepts. The plaintiff was a stone mason in the employ of the defendant and was injured by the fall of a derrick occasioned by the breaking of a guy rope. The derrick had been set up under the personal supervision of the defendant. It was held in place by four guy ropes, three of which were „wire ropes. In putting these wire ropes up it was noticed that they were rusted…
1Opinion of the Court
The opinion of the court was delivered by
ROWELL, J.
The servant assumes the usual and or*444dinary risks incident to the business in which he engages; but he does not assume the unusual and extraordinary risks thereof, unless they are, or ought to have been, known to and comprehended by him, in which case he assumes those also, whatever they are. When the servant shows that his injury was caused by a danger not usually and ordinarily incident to the business, and which ought not to have existed, and would not have existed had the master performed his duty to him, and of which he neither knew nor…
2Cases cited4 opinions
- Nadau v. White River Lumber Co.Wisconsin Supreme Court · 1890
- Worthington v. Central Vt. R.R.Supreme Court of Vermont · 1891
- Administrator of Carbine v. Bennington & Rutland RailroadSupreme Court of Vermont · 1889
- Johnson v. First National BankWisconsin Supreme Court · 1891
3Cited by13 opinions
- Houston v. Brush & CurtisSupreme Court of Vermont · 1894
- Kilpatrick v. Grand Trunk Railway Co.Supreme Court of Vermont · 1902
- Marshal v. Dalton Paper MillsSupreme Court of Vermont · 1909
- Vaillancourt v. Grand Trunk Railway Co.Supreme Court of Vermont · 1909
- Dunbar v. Central Vermont Railway Co.Supreme Court of Vermont · 1907
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