Schmidt v. Southwestern Brewery & Ice Co.
New Mexico Supreme Court
Appeal from the District Court for Bernalillo County before Ira A. Abbott, Associate Justice. The law imposes on the master only the obligation to use reasonable and ordinary care, skill and diligence in the matter of machinery and appliances. 20 A. & E. Enc. 74; Sherman and Redf. on Negligence, sees. 186, 189, 4 ed.; Probst v. Dellanated, 100 N. Y. 272; Brymes v. Southern Pac. Co., 27 Pao.
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Appeal from the District Court for Bernalillo County before Ira A. Abbott, Associate Justice. The law imposes on the master only the obligation to use reasonable and ordinary care, skill and diligence in the matter of machinery and appliances. 20 A. & E. Enc. 74; Sherman and Redf. on Negligence, sees. 186, 189, 4 ed.; Probst v. Dellanated, 100 N. Y. 272; Brymes v. Southern Pac. Co., 27 Pao. Rep. 371, 372; 26 Cyc. 1136-38; La Batt on Master and Servant, sec. 110; Moore v. Wabash Ry. Co., 85 Mo. 588; Bailey v. R. W. & O. Ry., 139 N. Y. 302; Sweeney v. Berlin Co., 101 N. Y. 520. Where master is…
1Opinion of the Court
OPINION OF THE COURT
PAKKEE,- J.
This is an action for damages for personal injuries. It appears that plaintiff below was a brewer engaged in brewing beer for defendant below. In the course of his duties he used a covered kettle or cooker in which the materials for the manufacture of beer were cooked under steam pressure. Several months prior to the action, plaintiff noticed a leak in the cooker and called defendant’s attention to the same and requested that it be repaired. Defendant requested plaintiff to examine the cooker, which he did, and repaired the same with a patch. The cooker still…
2Cases cited5 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Chicago Drop Forge & Foundry Co. v. Van DamIllinois Supreme Court · 1894
- Detroit Crude-Oil Co. v. GrableCourt of Appeals for the Sixth Circuit · 1899
- New Jersey & N. Y. R. Co. v. YoungCourt of Appeals for the Second Circuit · 1892
- Breckenridge Co. v. HicksCourt of Appeals of Kentucky · 1893
3Cited by9 opinions
- Williamson v. SmithNew Mexico Supreme Court · 1971
- Crespin v. Albuquerque Gas & Electric Co.New Mexico Supreme Court · 1935
- In re Gen. Motors LLCDistrict Court, S.D. Illinois · 2018
- Hansen v. Standard Oil Co.Idaho Supreme Court · 1935
- Demarest v. T. C. Bateson Construction Co.Court of Appeals for the Tenth Circuit · 1966
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