X. Trial (§ 419*) — Waives of Error — Acquiescence in Decision.

The right of a defendant to assign error on the denial of his motion for nonsuit at the close of plaintiff’s testimony is waived by his subsequent introduction of testimony and failure to move for a directed verdict.

[Ed. Note. — For other cases, see Trial, Cent. Dig. § 982; Dec. Dig. § 419.*)

2. Mastee and Servant (§ 226*) — Masses's Liability foe Injury to Servant — Bisks Assumed by Servant.

The negligence of the master in failing to furnish safe appliances and a safe place in which to work is not a hazard necessarily attendant upon employment, and in legal contemplation it is not a risk which the servant is presumed to assume.

[Ed. Note. — For other cases, see Master and Servant, Cent. Dig. §§ 659-667; Dec, Dig. § 226.*

Assumption of risk incident to employment, see note to Chesapeake & O. B. Có. v. Hennessey, 38 C. C. A. 314.)

3. Mastee and Seevant (§ 120*) — Master’s Liability foe Injuey to Servant — Unsafe Appliances.

The owner of a vessel is not absolved from the duty of inspecting dock appliances which it requires its employés to use in loading the vessel, and seeing that they are in reasonably safe condition, because it is not the owner of the same.

[Ed. Note. — For other cases, see Master and Servant, Cent. Dig. § 211; Dec. Dig. § 120.*]

4. Master and Servant (§ 185*) — Master’s Liability for Injury to Servant-Unsafe Appliances.

If a master delegates to a servant the duty of inspecting appliances to be used by his fellow servants, he does not thereby relieve himself from liability for the negligent performance .of such duty.

[Ed. Note. — For other cases, see Master and Servant, Cent. Dig. §§ 385-421; Dec. Dig. § 185.*]