Cavoretto v. Alaska Gastineau Mining Co.

(after stating the facts as above).

In charging the jury the court said: “If you find that the hammer was a defective appliance, then the next question would be: Was the defendant required to use that particular hammer while in that particular condition in the performance of the work, or was he free to repair or reshape it, or get some other hammer that was suitable, and not dangerous? For, if he was so free, then defendant cannot be said to have required the work to be done with that hammer in that shape. If you find from the evidence *626that this particular hammer was furnished plaintiff to do…