Legal Opinion

Garrow v. Miller

Supreme Court of Vermont

Decided May 24, 1900PublishedCited by 14 opinions

Cash. Plea, the general issue. Trial by jury, Addison County, June Term, 1899, Taft, C. J., presiding. Yerdict and judgment for the defendant. The plaintiff excepted. The action was brought to recover for injuries alleged to have been caused by the negligence of the defendant in not providing for the plaintiff, his employee, a safe place in which to work.

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Cash. Plea, the general issue. Trial by jury, Addison County, June Term, 1899, Taft, C. J., presiding. Yerdict and judgment for the defendant. The plaintiff excepted. The action was brought to recover for injuries alleged to have been caused by the negligence of the defendant in not providing for the plaintiff, his employee, a safe place in which to work. It appeared that the plaintiff was seriously injured by the falling of a staging upon which, with others, he was at work in the employ of the defendant in the erection of a building in the Yillage of Bristol. The defendant had himself put up…

1Opinion of the CourtMunson, J.

The general rule which makes it the duty of the master to provide for his servant a reasonably safe place in which to work, is not applicable here. A staging built and used by employees engaged in erecting a building is not a place provided by the master for his servants to work in, but an instrumentality provided by the servants as a means of carrying on the work they have undertaken to do. Lambert v. Missisquoi Pulp Co. 72 Vt. 278. The fact that the defendant personally erected a part of the staging is unimportant, for it is not claimed that what he built was insufficient. The nart which…

2Cases cited1 opinion

  1. Lambert v. Missisquoi Pulp Co.Supreme Court of Vermont · 1900

3Cited by14 opinions

  1. Lincoln v. Central Vermont Railway Co.Supreme Court of Vermont · 1909
  2. Cross v. Passumpsic Fibre Leather Co.Supreme Court of Vermont · 1916
  3. Marshal v. Dalton Paper MillsSupreme Court of Vermont · 1909
  4. Penson v. Inland Empire Paper Co.Washington Supreme Court · 1913
  5. Barnsdall Oil Co. v. OhlerSupreme Court of Oklahoma · 1915

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