Sevigny v. J. Spaulding & Sons Co.

The promise of a master to remedy defects or deficiencies in his instrumentalities relieves the servant of his implied assumption of the risk while he remains at work on the strength of the promise. Various reasons for this rule have been assigned by courts; but while there is this difference of opinion as to why there is such a rule, there is no dissent from the proposition that it is a part of the law. 4 Lab. M. & S., s. 1348. There is no case in this state wherein a recovery upon this ground has been upheld, but the principle has been recognized without question. Bodwell v. Company, 70 N.…