McGill v. Cleveland & South-Western Traction Co.
Ohio Supreme Court
Error to the Circuit Court of Lorain county. On January 31, 1907, the plaintiff in error, David B. McGill, commenced an action in the Court of Common Pleas of Lorain county, Ohio, against the defendant in error, The Cleveland & South-Western Traction Company, to recover damages for personal injuries received by him on October 23, 1906, while in the employ of said defendant company.
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Error to the Circuit Court of Lorain county. On January 31, 1907, the plaintiff in error, David B. McGill, commenced an action in the Court of Common Pleas of Lorain county, Ohio, against the defendant in error, The Cleveland & South-Western Traction Company, to recover damages for personal injuries received by him on October 23, 1906, while in the employ of said defendant company. The petition filed by him, omitting caption and verification, was in the words and figures following: “Now comes the plaintiff, David B. McGill, and says that the defendant, The Cleveland & SouthWestern Traction…
1Opinion of the CourtCrew, J.
In support of the claim that the averments of the petition in this case sufficiently allege and show a liability on the part of the traction company to plaintiff for the injuries alleged to have been sustained by him through the negligence of said traction company, reliance is had upon the general rule that where the servant notifies the master of a defect in machinery or in his place of work, and the master promises to repair the same or to obviate and remove the danger, and the servant reasonably relying upon such promise remains in the service, that the master thereby assumes the risk of…
2Cases cited11 opinions
- Marsh v. . ChickeringNew York Court of Appeals · 1886
- Jenney Electric Light & Power Co. v. MurphyIndiana Supreme Court · 1888
- Webster Manufacturing Co. v. NisbettIllinois Supreme Court · 1903
- Meador v. Lake Shore & Michigan Southern Railway Co.Indiana Supreme Court · 1894
- Erdman v. Illinois Steel Co.Wisconsin Supreme Court · 1897
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