James v. Gaffney Manufacturing Co.

(dissenting) : I do not think that an authority can be found anywhere that sustains the charge referred to in the third exception, to the effect that, if an appliance, supplied by the master, contains a latent defect, which is not obvious “and can’t be seen,” it is the duty of the master to warn the servant of such latent or hidden defect.

The law as I understand it, is as laid down in the case of Texas & P. R. Co. v. Archibald, 170 U. S., 671, 18 S. Ct., 777, 42 L. Ed., 1188, cited and quoted from at length, with approval, in the case of Wood v. Mfg. Co., 66 S. C., 482, 45 S. E., 81, 82: “The…