The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-11-28
LAW LESSONS,
EMPLOYERS AND EMPLOYEES
BY Albert ). Bodies. LII u.
VII.

VII.
As an employer Is required 20 furnish
safe appliances. etc. this rule requires
Of him In many cases TO Inspect the
things tina; are to be used ~ his en-
ployes before they are put into service.
What is the nature OF this snspections
In one 81 the cases the rule was applied
10 railroad company with respect TO a
chain used on its cars. The case arose
IN Michigan. and the supreme court of
tnat state said: 1T not only can. but
It's duty requires that IL shall. before
u IL placed on A car. cause every link
or every chain used by lis employees IN
places or under circumstances involving
danger In case the chain should break.
to be carefully tested and inspected by
some enc competent TO Judge 81 its ht-
ness for the utmost strain that 10 likely
10 come upon a."
The New York Rule.
This rule. however. did not end favor
with the courts Of New York, and SO the
court % appeals adopted smother 30 the
effect that reliance may be had on tho
maker that an arsiclWss proper II Il Is
bought OF a reputable maker. that IL a
sufficient guaranty OF Its quality TO dis
pense With any other test. The Importance
Of the rule win justify adding some Of
the remarks OF the court. The case re-
lated 10 an injury that happened to an
eniploye from the breaking OF a hook ha
was using tn lifting gir1er. There was
nothing on the surface OF the hook 20
show that X was weak: I'm truth the break
resulted from hidden defect In the iron.
When Il was purchased the employer sup
posed he was buying a hook OF the best
quality. The court remarked that a mas
ter could procure tools for servants in
several ways. He could buy them ready
made OF a dealer. have them made or
buy the materials and make them him
self. His liability for an injury result
ing from q defect IN the materials Of a
tool win be determined by the same rule
IN each case" In the present case the
employer was obliged TO rely on the
dealer and manufacturer for the quality
Of materials used A hook ready fer use
could neither be cut nor bent over an
anvil without impAsrIng tie strength or
perhaps destroying n altogether. "a test
Of that character applied 10 one OF q lot
would be no guaranty 81 the quality of
the Others To apply such a test. there
fore, to tools procured In that way " inn
practicable. and such articles are not usu-
ally tested before they are put in use.
The modern Industrial system rests upon
confidence in others" The court then
turns TO railroads and declares THAI they
cannot well apply such tests 20 the ma
teriais Of watch Its cars and engines
are made. or 90 the rails which form It's
tracks Reasonable inspection only was
required. but when articles are man
ufacfured by process approved by use
and experience and apparently properly
finished ana stamped II IL noe usual for
them to be tested again In quality and
such examinations are not generally re-
qutred sy Law. II materials Of the beat
quality are purchased and tools construct
ed from them by competent and skslifui
workmen; II there Ia nothing IN the APP
pearanee Of the material TO Indicate Tn
efficiency. men In the ordinary AFFAIRS nf
life use them and place them Ina the hands
Of their servants; ana there were no cir-
cumstanccs surrounding she manufacture
Of tho hook In question 90 induce pru-
dent man to depart from the usual course.
or TO adopt extraordinary care ana precan-
ton"
The Michtsaa asa new York Rwl~s
Compared.
This Wow % an employers duty greatly
differs from that previously stated ny the
supreme court % Michigan, By that rule
an employer must DO his own testing
Whenever tt can We done. by she N.w
York rule he can rely on smother We
are not 80 certain "a the court of appeals
that thu hook IN question could not have
been tesged In other ways than by enf.
ting or bending a. n app~ars that the
hook broke when used in hf,ing a Eirder.
ard its ordinary use suggests ~ once an
easy mode Of testing it--uasnsly. 10 APPLY
weight. How much ought tha heck -
snpportr md the maker Apply this test
There Ia no evidence - show that he
dia The New York rule may I've right
with the qualification that ia every ease
81 mus he shown thar the maker or
seller properly tertea ths thing sold.
The Federal Hui~.
The xfsw az an em9i5ypssa tagg to-
eiared ~ The supreme court of The ffni-
ted states differs somewhat frpan both
views above given. II u nsi necessarily
the duty ~ a purchaser ~ maahsnssf.
whssber simple or complicated. to tear
Il 10 pSeces 70 zee u there ~ ssms istent
defect n n purchases ffena ruanutses
ggssr q recognized ssnainx be y i1*-
ftasss 81 assuming that IN the nAnHfse-
tufs proper care Vas taken ans that
pFaprf tests were sna8s 81 TIRE 1lFassas
pSrfn ~ TIE mAehinefS. ssh that. As Dr.
liverma 20 bin. y y IN fair anS rsas
ssnaAie rauastiea far nals. we 40 aoK
meas - sag that II r. sessr she aasy x
= purchaser - rnake ieszs or sKsminA-
tiaas 81 his awu ~ shas be ran Nlw3Fs
ash shelly rely wp9n Ire @srunssiaa fhat
the n&nHfsrsaref has fAlig ara s4fn.
eixatfy tested r FRAY ~ ard Haaasisax
afseu "a. hss aaiy whtn piaeing iha ma
fhl4n h afsasi uee a. suh5txf q - So
8saaFy tests fot Determining - stFenEta
The ffitsass usts.
T@e ether vfeu8 mas ie aiFen sgsxhslY
6sreFiaR fF@m fsese TIE ii{ssaie eseN
= thfs #Whsa smple4exe have. - "a A.
fbe Enafsng fsazf ~ rekezNatle akss asst
sxeers~ars ensszs thegH. eenfi4gsS e2Nefis
eaEoA sksG,fss ara fwsssas Servants N
~ &se ~ ahstr nstAsnws9. f&St esieessA
x4a5 kHS ssfH n&etiNsFss - gkg - ka@mn
zh4 ~3f-rsfaEa5Ke8 tests can EegFfaS#.
ssSsfraess8 q frasTi ms4ssrist free sfam
ssF@es8 e. TAT a. iiAs tests wtN Sssstsss
sssfesr fMsaas ass fskste@ ee4ssf<s aHxt
fhey rhassa as heis fisss~ ss mNsfte4 sh@t
sM8F fNF47t
thF psassrftaafs R@ir.
NF shs FsNeqF4gaNtA e1ss ~ usF ~
sssisstfsfs8 a. eess pesf3as fNaf n asfr
sas stusaafa atnrrs ne A. ssfrsnty ssst
a. tgeg hansts ak Naasr@rseee sA ~ fsts-
Ees4Nmt eaesMaFs An9 tssfv arc ~ aen8
skaratfsr n tne4s was FAa ~hrs - Sse
e4sa sn fMsssFlsS tNsM - fEf&Fa 10 So
tasty fry tshSf5eS e. ~sNFFa ffVs=s shE.f
res a7Nrs ~ wsKf 20 sxf % 7 tsnESa4
d ws fNawn anf seEasaeaF saRettEsss
- e5nstfars a esaD saEsha kEa 4 a@F
Is tfnra haa aaxfFs&is 2HJ 4HtAigifaf
ws Z &a HM& NaH fF arr iss7