Is an employer liable at common law if he knows or Ought know the machinery to the persons employed by him is improper or unsafe?
Saskatchewan, Canada
The following excerpt is from Jensen v. Canadian National Railways, 1943 CanLII 133 (SK CA):
Since it is negligence for which an employer is liable at common law if he knows or Ought to know the machinery to be used by the persons employed by him is improper or unsafe, I think the learned trial Judge was right in directing judgment to be entered for the plaintiff on the jury’s findings: Indermaur v. Dames (1866) L.R. 1 C.P. 274, at 288, 35 L.J.C.P. 184.
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