The cable consisted of six strands, and as there was no unusual load in the hopper, at the time of the accident—in fact according to the evidence it was only half full—it seems to me that the break cannot have been a sudden snap; my inference would be that it must have gradually worn down until it became too weak to bear the strain. In such a case, it further seems to me that an examination of the cable would necessarily have disclosed the fact that it was not in a fit condition for the use made of it. I am of opinion that the defendant was bound from time to time to examine and test the cable inside the piping and that such examination would have disclosed its condition. Its failure to do so and continued use of an unfit cable constitute negligence. Murphy v. Phillips, 35 L.T. 477, 24 W.R. 647.
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