110 F. 103 | U.S. Circuit Court for the District of Western Pennsylvania | 1901
The evidence, I think, required the submission of the question of the defendant’s alleged negligence to the jury, and was quite sufficient to sustain the verdict. The plaintiff was a lineman in the employ of the defendant, the Western Union Telegraph Company. The duties of a lineman are to climb telegraph poles, and to string wires on the cross-arms, and remove wires therefrom, and do other work thereon. The defendant had occasion to remove part of a line of its wires from four old poles which had been standing for n or 12 years to four new poles which had just been set. Before the work of moving the wires began, the
“He owes the duty to provide snclx servant with a reasonably safe place to work in, having reference to the character of the employment in which •the servant is engaged. * * * If, instead of personally performing these ..obligations, the master engages another to do them for him, he is liable for .the neglect of that other, which in such case is not the neglect of a fellow-.servant, no matter what his position as to other matters, but is the neglect, of the master to do those things which it is the duty of the master to perform as"sueh.”
: The’neglect in this instance of the defendant’s foreman properly 'to inspect and test the pole, the fall of which while the plaintiff