Ernst v. Chicago Great Western Railroad

The opinion of the court was delivered by

Dawson, J.:

This is an action for damages against a master for injuries sustained by a workman in using a defective tool.

The plaintiff was a pipe 'fitter in the defendant’s workshop, and in the afternoon of November 30, 1917, he was engaged in placing a steam radiator in position and in connecting a steam pipe therewith. The pipe wrench with which he was making the connection was somewhat worn, and occasionally slipped while being used, and the plaintiff spoke to his foreman about it. Plaintiff testified—

“Q. Did you say anything to Mr. Isaacs concerning…