McCone v. Gallagher

O’BRIEN, J. (dissenting).

We agree upon the law, settled by repeated adjudications, that the master is bound to furnish safe appliances for his servants to work with, and a safe place to work; and, where he delegates such duty to his foreman or others, he is liable to a servant injured by the neglect of the foreman or those whom he selects. While the law is thus settled, there is always difficulty in its application to the facts of each particular case. Upon appeal, where the complaint has been dismissed, the plaintiff is entitled to the most favorable inferences to be drawn from the evidence.…