Correll v. Williams & Hunting Co.

(Dissenting). — I. The opinion proceeds upon the .theory that the case involves nothing more than the construction of Sectipn 4999-a3 of the Code, being Section .1 of Chapter 219 of the Acts of the 33d General Assembly; although it assumes that defendant’s liability is predicated primarily upon Sec. 4999-a2, a safety appliance act passed by the 29th General Assembly, known as Section 2 of Chapter 149. The admitted effect of the holding of the majority is that, where the property, machinery or appliance of an employer is defective, or out of repair, or where it is the duty of the employer,…