Sabere v. Benjamin Atha & Co.
Supreme Court of New Jersey
On error to the Circuit Court. This action was brought to recover damages for personal injuries sustained by the plaintiff while employed by the defendant at its iron foundry. One of the appliances there used by the defendant in the process of making steel was a large ladle into which molten metal was poured.
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On error to the Circuit Court. This action was brought to recover damages for personal injuries sustained by the plaintiff while employed by the defendant at its iron foundry. One of the appliances there used by the defendant in the process of making steel was a large ladle into which molten metal was poured. This ladle, which is known as a bottom-pour ladle, had a hole in the bottom called a nozzle about four or five inches in diameter, and through this nozzle the molten metal was poured out of the ladle. Before the molten metal is poured into the ladle the interior is covered with a layer…
1Opinion of the Court
The opinion of the court was delivered by
Garrison, J.
The judgment of nonsuit directed at the trial is affirmed upon the ground then given by the trial court. The fact that some kinds of steel are more frangible than other kinds does not place the present case -outside the pale of the doctrine of obvious risk. The extent of the danger incurred by striking steel against steel may vary with circumstances, but the essence of the risk remains the same, viz., that stated by the Court of Errors and Appeals in the case of Tompkins v. Machine Company, 41 Vroom 330, where it is said: “That the result…
2Cases cited1 opinion
- Whittingham v. HopkinsSupreme Court of New Jersey · 1904
3Cited by3 opinions
- Haskell v. L. H. Kurtz Co.Supreme Court of Iowa · 1917
- SERVICE PIPE LINE COMPANY v. DonahueSupreme Court of Oklahoma · 1955
- SERVICE PIPE LINE COMPANY v. DonahueSupreme Court of Oklahoma · 1955