Wold v. Elder, Dempster & Co.

Kelly, P. J.:

The jury have found, as they might have found under the evidence, that the crack in the plate was discoverable by inspection, and that it was visible on the outside of the plate, the fracture showing rust extending over one-third of the plate. True, this plate was forty-five feet up in the air. But it was the “ keystone of the arch.” On its security depended the safety of the life and limb of all persons using the derrick. The steamship and this eye plate were exposed to stress of weather, storm, rain, snow and sleet, the bolt was subjected to strain every time cargo was loaded…