Person v. Okes

Peterson, Justice.

Plaintiff sues defendants, her employers, to recover damages for personal injuries sustained as the result of a fall from a small step stool on which she had been standing, which she alleges was caused by a leg giving way because an angle iron fastening the leg to the top of the stool came unfastened.

The questions for decision are: (1) Whether the simple tool doctrine applies where the master has knowledge of a defect in a tool or instrumentality used by his servant and the servant does not and where the defect is of such a character as not to be obvious from observation…