Reports of Cases Decided in the Supreme Court of the State of Utah, volume 59

Cover Reports of Cases Decided in the Supreme Court of the State of Utah, volume 59
Reports of Cases Decided in the Supreme Court of the State of Utah, volume 59
Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich
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JJ., concur.
WfllTE V. UTAH CONDENSED MILK CO.
No. 2965. Decided August 25, 1917. (167 Pac. 656.) 1. Master and Servant — Assumption op Eisk — Promise to Remedy Defects. Where the facts and circumstances are such that by reason of some defect in machinery or appliances the sen^ant, by reason of his knowledge, experience, and appreciation of the danger, would be held to have assumed the risk in case of an accident, yet, if the master promises to remedy or repair such defect so as to make the mac
...hinery or appliances reasonably safe, and the servant, in rdianee of such promise, remains in the employ of the master and continues to discharge his duties as before, the master assumes the risk of injury for at least a reasonable time, unless the danger is so obvious that no man of ordinary prudence would continue to discharge the duties of the servant in view of the danger.* (Page 283.) 2. Master and Servant — Questions roR Jury — ^AssuM!»noN of Bisk — Promise to Remedy. Where the servant testified that the master promised to provide a guard for a steam gauge; that he relied thereon — ^whether there was such a promise and whether the servant relied thereon was for the jury.

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