The Law of Personal Injuries Relating to Master And Servant

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The rule was applied where the servant was in- jured in the use of a defective delivery wagon, and the promise on the part of the employer was that after a short time he would discontinue its use, requesting the servant to continue until such time. It was said that no distinction could be made in principle from a promise to discontinue the use of a defective instrumentality and a promise to remedy a defect therein.^ 3090. Also to a section-man engaged in breaking stone with a hammer, the handle... of which was defective, and where the foreman had promised to have a new one in a few days, and told him to continue the work until such time.' 3091. Where a workman had notified the defendant of defects in machinery, and the defendant had promised him that at the earliest possible time the mill should be so ar- ranged that there would be no more need of the machine, and had specially requested him to continue operating it until such change could be made, which would be in a very short time, and on the morning of the day of the accident the defendant informed him that it would be necessary to clear away the accumulations under the machine or to re- pair it, as it would not be used after that day, and the plaint- 1 Conroy v.

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