Darbe v. Crystal Ice & Fuel Co.

The opinion of the court was delivered by

Btjrch, J.:

The action was one by an employee against his employer for damages for personal injury sustained as a consequence of the employer’s negligence. Plaintiff recovered, and defendant appeals.

Defendant manufactured and sold ice. Plaintiff made deliveries to retail customers from an ice wagon. While plaintiff was putting a cake of ice in a customer’s ice box the hold of his tongs was released and he fell and was injured. Plaintiff accounted for the accident in two ways: first, the tongs given him to work with were dull, and he did not know it;…