84 Wis. 636 | Wis. | 1893
It is claimed by the plaintiff that this is a case where the evidence tends to show that the master has failed to furnish to his employees a safe appliance. Defendant claims that the selection of the plank was a detail of the employees’ work, and that the selection of a defective plank, if negligence at all, is that of a co-employee and not of the master. The rule requiring the master to furnish 'safe appliances and machinery has been frequently recognized by this court. Peschel v. C., M. & St. P. R. Co. 62 Wis. 338, cases collated on page 346. The same case recognizes and enforces the principle that where it is the duty of employees to erect a staging or structure, the master retaining no supervision, but providing suitable materials and employing" careful workmen, the master is not liable for injuries to a workman caused by a fall of the staging.
In the present case it is clear that there were plenty of planks in the pile to which the employees had access, sufficiently strong for the purpose for which this plank was used; also, that it was the recognized duty of the employees to select and put in place the planks between the car and shed. The pile of planks near the shed was for various uses in and about the yard. Some of them were not strong
By the Court.— Judgment affirmed.