Commentaries On the Law of Master And Servant

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W. 599 (section hand injured by 111. 332, 49 N. E. 536 (want of fence to 278] ASSUMPTION OF RISKS.
6SS prevent falling from roof of house) ; Whatley v. Block (1894) 95 Ga. 15, 21 S. E. 985 (elevator well without rail- ing) . In some jurisdictions, facts lilce those stated in these cases are held not to import negligence at all. See §§ 80 and 264, ante.
(1) Defective machinery. — Birming- ham V. Fettit (1892) 21 D. C. 209 (boiler exploded) ; Breig v. Chicago & W. M. R. Co. (1893) 98 Mich. 222, 5
...7 N. W. 118 (emery wheel burst) ; Camp Point Mfg. Co. v. Ballou (1874) 71 111.
417 (emery stone burst owing to imper- fection in the governor) ; Murtaugh v.
\ew York G. & H. B. R. Co. (1888) 49 Hun, 456, 3 N. Y. Supp. 483 (emery wheel not truly balanced) ; Becker v.
Baumgariner (1892) 5 Ind. App. 576, 32 N. E. 786 (want of shifter for a belt) ; Slattery v. Walker & P. Mfg.
Co. (1901) 179 Mass. 307, 60 N. E. 782 (check-valve of air hoist was too weak to withstand the pressure put upon it) ; Gunn V.


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