Maher v. Thropp

The opinion of the court was delivered by

Van Syckel, J.

This is an action by a servant against his master to recover damages for personal injuries sustained in the master’s employment. He was an ordinary workman, who assisted in the boilermaking shops, and at the time of the injury was engaged in striking with a sledge hammer upon the boiler. It is admitted that he was furnished with proper implements to do his work, but by the direction of the foreman of the boilermakers he undertook to do his work with other tools, in consequence of which he received the injury complained of.

It is not open…