Negligence, Employer's liability. A workman in a rubber factory injured by falling when carrying an armful of rubber boots on his way to a chute, from slipping on a spot in a passageway of the factory where thin rubber cement has dripped in front of a tank, cannot recover from his employer for the injury, if it does not appear that the condition of the floor was due to any negligence on the part of his employer, and where, if it was due to the negligence of any one, it was that of one of his fellow servants.
In an action at common law and under the employers' liability act by a workman in a rubber factory against his employer for personal injuries from a fall caused by slipping on rubber cement alleged to have been allowed to remain on the floor of the factory through the defendant's negligence, evidence offered by the plaintiff, to show that a fellow workman of the plaintiff was furnished with sand and burlap to be used to prevent the floors becoming slippery from cement getting upon them, properly may be excluded as immaterial.
BY THE COURT.
There was no evidence of negligence on the part of the defendant. If the condition of the floor was due to the negligence of any one, it was that of a fellow servant of the plaintiff, for whose acts the defendant is not liable to the plaintiff.
The evidence offered and excluded was immaterial.
Exceptions overruled.