Burke v. National India Rubber Co.
Supreme Court of Rhode Island
Trespass on the Case .for negligence by an employee against his employer. The plaintiff was employed in the mill of the defendant corporation. Two or three hours before the accident complained of other employees of the defendant in the course of their employment had thrown grease upon the floor of a room through which it was necessary for the plaintiff to pass. The plaintiff slipped on the grease and fell against certain machinery and suffered injury.
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Trespass on the Case .for negligence by an employee against his employer. The plaintiff was employed in the mill of the defendant corporation. Two or three hours before the accident complained of other employees of the defendant in the course of their employment had thrown grease upon the floor of a room through which it was necessary for the plaintiff to pass. The plaintiff slipped on the grease and fell against certain machinery and suffered injury. Heard on petition of plaintiff for a re-argument of the petition of defendant for a new trial, heretofore granted in the rescript reported…
1Opinion of the Court
Per Curiam.(2) (1) The plaintiff seeks, by his first contention, to bring his case within the principle which requires a master to" furnish reasonably safe premises for his servant, and that when a master delegates to a servant a duty which belongs to himself, the servant will occupy the place of the master and not that of a fellow-servant. But we do not think that the case falls within this principle. The defect was not a defect in the construction of the floor itself, but that which was complained of as rendering the floor dangerous was the grease adhering to the brick composing the floor,…
2Cited by3 opinions
- Marshal v. Dalton Paper MillsSupreme Court of Vermont · 1909
- Dreyfus & Co. v. WootersSupreme Court of Virginia · 1918
- Brasel v. Oregon R. & N. Co.Oregon Supreme Court · 1909