Ireland v. E. J. Pinney, Inc.

By the common law of the State an employer has the duty of care to see that tools and materials required as facilities in doing the work shall be suitable when furnished. Towards those using the facilities a duty exists to furnish and maintain a sufficient supply of suitable ones. But if suitable ones become unsuitable from their use in the progress of the work, the employer has no duty of inspection, and none of rejection in the absence of actual notice of unsuitableness, subject to the exception of a facility completed for the workman’s use. Under the theory of fellow-service and of a…