Garrow v. Miller
| Decision Date | 24 May 1900 |
| Citation | 72 Vt. 284,47 A. 1087 |
| Court | Vermont Supreme Court |
| Parties | GARROW v. MILLER. |
Exceptions from Addison county court; Taft, Chief Judge.
Action by Peter Garrow against Charles Miller. From a judgment in favor of defendant plaintiff brings exceptions. Affirmed.
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 employe, 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 village of Bristol. The defendant had himself put up certain uprights which supported the staging, but it was not claimed there was any defect or insufficiency in the part of the staging so constructed by him. It appeared that a part of the staging was defective, and that this part was constructed, in the absence of the defendant by and under the direction of one Sorrell, an experienced workman in the employ of the defendant upon the job of building. There was evidence tending to show that Sorrell acted as the foreman of the defendant in the absence of the latter, who was away about one-third of the time. The plaintiff claimed that the staging was insufficient on account of a defect in one of the crosspieces and the lack of a suitable number of crosspieces. One of the crosspieces had in it, near the middle, two knots, one of which was plainly discernible on its upper side as it lay in its position in the staging, while the other could not readily be seen except by an examination of that side of the crosspiece which was its under side when it had been put into the staging. Each of the two knots extended across the stick used as a crosspiece, and, being in close proximity, greatly impaired its strength. The evidence tended to show that this crosspiece, which was in the center of the staging, broke where the knots were, and that the staging fell to the ground, carrying the plaintiff with it The plaintiff claimed that the negligence arose in the performance of a duty for the careful discharge of which the defendant became responsible when he assumed the relation of master to the plaintiff, and that Sorrell was the defendant's vice principal, charged with the master's duty to provide a safe place for the plaintiff to work in. The defendant claimed that if the plaintiff's injury was caused by any one but himself, it...
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Robert T. Lincoln v. Central Vermont Railway Co.
... ... under him. As between themselves in working together there ... may have been no distinction; all may well have been fellow ... servants. Garrow v. Miller, 72 Vt. 284, 47 ... A. 1087; Lambert [82 Vt. 193] v. Missisquoi Pulp ... Co., 72 Vt. 278, 47 A. 1085; Brown v. Gas ... Light Co., 81 Vt ... ...
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Lincoln v. Cent. Vermont Ry. Co.
...him. As between themselves in working together there may have been no distinction; all may well have been fellow servants. Garrow v. Miller, 72 Vt. 284, 47 Atl. 1087; Lambert v. Missisquoi Pulp Co., 72 Vt. 278, 47 Atl. 1085; Brown v. Gaslight Co., 81 Vt. 477, 71 Atl. 204. But as to others t......
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Barnsdall Oil Co. v. Ohler
...Maughmer v. Behring, 19 Tex. Civ. App. 299. 46 S.W. 917. Vermont: Lambert v. Missisquoi Pulp Co., 72 Vt. 278, 47 A. 1085; Garrow v. Miller, 72 Vt. 284, 47 A. 1087. Washington: Metzler v. McKenzie, 34 Wash. 470, 76 P. 114; Penson v. Inland Empire Paper Co., 73 Wash. 338, 132 P. 39. Wisconsin......
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Barnsdall Oil Co. v. Ohler
... ... Texas: Maughmer v. Behring, 19 ... Tex.Civ.App. 299, 46 S.W. 917. Vermont: Lambert v ... Missisquoi Pulp Co., 72 Vt. 278, 47 A. 1085; Garrow ... v. Miller, 72 Vt. 284, 47 A. 1087. Washington: ... Metzler v. McKenzie, 34 Wash. 470, 76 P. 114; ... Penson v. Inland Empire Paper Co., ... ...