Legal Opinion · Dissent

Olson v. Kem Temple, Ancient Arabic Order

North Dakota Supreme Court

Decided June 17, 1950No. File 7157Published

1DissentBroderick, District Judge

I desire to respectfully dissent from the conclusion arrived at by the Court in its majority opinion. While it is no doubt true as an abstract statement of law that “Notwithstanding some rulings in a few cases to the contrary, the great weight of authority is to the effect that a small portable stepladder is a simple tool or appliance” and it is also true that: “Where a tool or appliance is simple in construction and a defect therein is discernible without special skill or knowledge and the employee *390is as well qualified as the employer to detect the defect and appraise the danger resulting…

2Cases cited35 opinions

  1. Erickson v. WiperNorth Dakota Supreme Court · 1916
  2. Martin v. ParkinsNorth Dakota Supreme Court · 1927
  3. Kohlman v. HylandNorth Dakota Supreme Court · 1928
  4. Mercer v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
  5. Otter Tail Power Co. v. Henry Von BankNorth Dakota Supreme Court · 1942

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