McDonald v. Standard Oil Co.
Supreme Court of New Jersey
On error to tlie Supreme Court. This was an action of tort brought by the plaintiff against the defendant corporation. The plaintiff’s declaration alleged that the defendant was the possessor of certain tanks made of iron or steel plates fastened, together with rivets; that the plaintiff was a general workman or laborer in the defendant’s employ; that the particular duty assigned to him was to hold a cold chisel upon 'the edges of the rivets, while another workman struck the…
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On error to tlie Supreme Court. This was an action of tort brought by the plaintiff against the defendant corporation. The plaintiff’s declaration alleged that the defendant was the possessor of certain tanks made of iron or steel plates fastened, together with rivets; that the plaintiff was a general workman or laborer in the defendant’s employ; that the particular duty assigned to him was to hold a cold chisel upon 'the edges of the rivets, while another workman struck the chisel with a hammer, so as to cut the heads from the rivets and separate the plates; that the.plaintiff was without…
1Opinion of the Court
The opinion of the court (the foregoing statement having been made) was delivered by
Green, J..The facts in the case and the arguments made thereon bring to view two legal principles which are fully recognized in the jurisprudence of this state.
1. Under the contract of employment it becomes the master’s duty to use reasonable care to provide a proper and safe place in which the servant may work, to furnish suitable - tools and implements with which he may work, to inspect and *448repair the apparatus at reasonable intervals and with ordinary prudence, and to select and employ competent workmen.…
2Cases cited6 opinions
- The Nord Deutscher Lloyd Steamship Co. v. IngebregstenSupreme Court of New Jersey · 1894
- O'Brien v. American Dredging Co.Supreme Court of New Jersey · 1891
- Kenney v. Hingham Cordage Co.Massachusetts Supreme Judicial Court · 1897
- Foley v. Jersey City Electric Light Co.Supreme Court of New Jersey · 1892
- Wolcott v. New York & Long Branch RailroadSupreme Court of New Jersey · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Wolczak v. National Electric Products Corp.New Jersey Superior Court Appellate Division · 1961
- Lepore v. National Tool and Mfg. Co.New Jersey Superior Court Appellate Division · 1988
- Freeman v. Wentworth & Irwin, Inc.Oregon Supreme Court · 1932
- Shimp v. New Jersey Bell Telephone Co.New Jersey Superior Court Appellate Division · 1976
- Mergel v. Colgate-Palmolive-Peet Co.New Jersey Superior Court Appellate Division · 1956
10 more not listed; retrieve them via the Exa API.