Brown v. People's Gas Light Co.
Supreme Court of Vermont
Case for negligence. Plea, the general issue. Trial by jury at the September Term, 1904, Butland County, Munson, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted.
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Case for negligence. Plea, the general issue. Trial by jury at the September Term, 1904, Butland County, Munson, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. At the close of all the evidence the defendant moved for a directed verdict in its favor for that the evidence is not sufficient to warrant a verdict for plaintiff, and if there was any negligence, it was that of a fellow servant; that plaintiff assumed the risk and was guilty of contributory negligence; that it appears that plaintiff had as much knowledge of the situation, and could discover the danger,…
1Opinion of the CourtPowers, J.
Among the nondelegable duties which a master owes his servant, is that of providing and maintaining a reasonably safe place in which to work. But this rule does not require the master to supervise the merely executive details of the work as it goes along. These are acts of service, and are within the proper range of the servant’s duties. They may be delegated to a competent co-servant, and when, so delegated, negligence therein, though resulting in injury, will not support an action against the master. And it matters not whether the offending servant be a foreman, overseer, superintendent or…
2Cases cited14 opinions
- Zeigler v. DayMassachusetts Supreme Judicial Court · 1877
- Cleveland, C., C. & St. L. Ry. Co. v. BrownCourt of Appeals for the Seventh Circuit · 1896
- O'Connell v. ClarkAppellate Division of the Supreme Court of the State of New York · 1897
- Durst v. Carnegie Steel Co.Supreme Court of Pennsylvania · 1896
- Garrow v. MillerSupreme Court of Vermont · 1900
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lincoln v. Central Vermont Railway Co.Supreme Court of Vermont · 1909
- Cross v. Passumpsic Fibre Leather Co.Supreme Court of Vermont · 1916
- Blanchard v. Vermont Shade Roller Co.Supreme Court of Vermont · 1911
- Conroy's Admx. v. NelsonSupreme Court of Vermont · 1912
- Funk v. Leonard Construction Co.Supreme Court of Iowa · 1913
4 more not listed; retrieve them via the Exa API.