Leishman v. Union Iron Works

Negligence—Master and Servant—Safe Appliances.—While it is the settled rule that an employer must provide his employees with safe appliances with which to do the work for which they are engaged, and must keep such appliances in reasonably safe condition, and that this is a personal obligation which cannot be delegated so as to relieve the employer from liability for not having done so, still there is no positive duty incumbent upon him to furnish such appliances as completed instruments, nor to inspect them after construction. He may supply sufficient and suitable materials to the employees with which they are to construct the appliances, in accordance with the terms of their contract of employment. If he does so, he is not liable for an injury through a defect in the construction or adjustment of the appliances.

Id. — Foundbyman — Molding — Negligence op Pattern-Maker — Fellow-Servant.—A foundryman who conducts a carpenter-shop as an integral part of the molding department of his business, in which the carpenters, from suitable materials furnished them, prepare patterns' for the use of the molders in the process of easting, is not liable for injuries caused to a molder by reason of the negligence of one of the carpenters in preparing a pattern for use. In such ease the carpenters and molders are fellow-servants engaged in the same .general business.

Id.—Fellow-Servant—Foreman.—The foreman of such molding department and the foreman of such carpenter-shop, who was under him, were fellow-servants of the journeyman molders in the molding department.

Id.—Superior in Common Employment.—Hnder section 1970 of the Civil Code an employer is not bound to indemnify an employee for personal injuries caused by the negligence of a fellow-servant, notwithstanding the fellow-servant through whose negligence the injury came was the superior of the servant injured in the general service in which they were in common engaged.