Malone v. Hawley

Injury to Employe from Negligence of Employer.—M., while employed as a sub-porter by H., a merchant, was injured by the falling of a hoisting apparatus. Held, that evidence that the apparatus had fallen before from a similar cause was admissible to show knowledge of defect on the part of defendant.

Liability of Employer for Injury to Employe.—Where an employé was injured by the falling of a hoisting apparatus : held, that the liability of the defendant depended upon three facts : 1. That the method of attaching the hoisting rope was defective and unsafe, and that the injury was caused by the defect. 2. That the defendant knew or ought to have known of the defect. 3. That the plaintiff did not know of it, and had not equal means of knowledge.

Negligence—Rule for Assessing Damages.—It is competent for a jury, in assessing damages to an employé resulting from negligence of the employer, to consider what, before the injury, was the health and physical ability of the plaintiff to maintain himself and family, as compared with his condition in such particulars afterwards; his loss of time,(-wXhow far the injury was permanent in its character and results, as well as the\physical and mental suffering he sustained by reason of the injury; and they should allow such damages as they think will fairly and justly compensate him for all loss and injury sustained. But the jury cannot consider the plaintiff’s “ condition in life ”—whether he is rich or poor.

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