Foster v. Walker Roofing Co.

Where a servant was injured by a dangerous or defective instrumentality not owned nor controlled by the master, nor, so far as it appears to the contrary, previously used by the master, but used by . the servant by the direction of the master on the occasion when the servant was injured, the master was not liable,—it not appearing that he or the servant knew of the defective or dangerous condition or character of the instrumentality, but it being apparent that the servant had equal means with his master of knowing of the peril of complying with his order, or by the exercise of ordinary care…