Bien v. Unger

The opinion of the court was delivered by

Garrison, J.

The plaintiff recovered a judgment for •damages received while. operating a machine furnished him by the defendants. The relation between the parties was that •of master and servant. The declaration, after stating that it was the duty of the master to use due care to provide a safe machine and to keep it in a safe condition, alleged that he •negligently let it “ be and remain ” out of order, by reason of which the plaintiff was injured.

The alleged vice in the operation of the machine was that .a trip-hammer that should have remained…