Tompkins v. Marine Engine & Machine Co.
Supreme Court of New Jersey
On error to the Supreme Court. This case was tried at the Essex Circuit Court, before Chief Justice Gummere and a jury, and a judgment of non-suit ordered. The plaintiff: in error, a young man of the age of nineteen years, in the employ of the defendant, was injured while setting a tool in a planer with a machinist’s steel hammer. A chip' of steel came from the tool and entered his left eye, destroying the sight thereof.
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On error to the Supreme Court. This case was tried at the Essex Circuit Court, before Chief Justice Gummere and a jury, and a judgment of non-suit ordered. The plaintiff: in error, a young man of the age of nineteen years, in the employ of the defendant, was injured while setting a tool in a planer with a machinist’s steel hammer. A chip' of steel came from the tool and entered his left eye, destroying the sight thereof. Tlic plaintiff had been at work in the shop of the defendant for between five and six months, being first employed as a helper on a rail-planer, and subsequently he said he…
1Opinion of the Court
*332The opinion of the court was delivered by
Vroom, J.
The contention of the plaintiff in error is — first, that the defendant was guilty of negligence in failing to provide a proper and safe tool or implement with which to' do the work, and second, the plaintiff being inexperienced, an additional duty devolved upon the master, which was to warn the plaintiff of any danger attending the work which was not obvious to the plaintiff.
This court has repeatedly laid down the master’s duty under the contract of employment. In the recent case of McDonald v. Standard Oil Co., 40 Vroom 445, it was held to…
2Cases cited5 opinions
- Marsh v. . ChickeringNew York Court of Appeals · 1886
- Sisco v. Lehigh & Hudson River Railway Co.New York Court of Appeals · 1895
- McDonald v. Standard Oil Co.Supreme Court of New Jersey · 1903
- Coyle v. Griffing Iron Co.Supreme Court of New Jersey · 1899
- Dillenberger v. WeingartnerSupreme Court of New Jersey · 1900
3Cited by5 opinions
- Pennsylvania Pulverizing Co. v. ButlerCourt of Appeals for the Third Circuit · 1932
- Canonico v. Celanese Corp. of AmericaNew Jersey Superior Court Appellate Division · 1951
- Alpha Portland Cement Co. v. CurziCourt of Appeals for the Second Circuit · 1914
- Huels v. General Electric Co.Supreme Court of New Jersey · 1946
- Cichocki v. Geigy Co.Hudson County Circuit Court, N.J. · 1936