Alabama & V. Ry. Co. v. White

Citations

• 106 Miss. 141
• 63 So. 345

Syllabus

<p>1. Master and SERVANT. Master’s liability- Railroads. Actions for injuries. Burden of proof. Master’s knowledge. Defective tools or machinery.</p> <p>A railroad company is only required to provide reasonably safe and sufficient instrumentalities for its servants in the performance of their work. Ordinary and reasonable care and diligence is all that is required.</p> <p>2. Master anb Servant. Actions for injuries. Burden of proof.</p> <p>The master is responsible to the servant only for injuries received - through his negligence, and the burden of proving such negligence is upon the servant, to the same extent that it is upon all other plaintiffs seeking to recover on the ground of negligence.</p> <p>3, Same.</p> <p>When a Servant is injured hy reason of a defect in a tool or appliance furnished him by the master, one of the essential elements of negligence on the part of the master is knowledge, actual or constructive, of the existence of the defect in the tool or appli- . anee, consequently the burden of proof of showing such knowl-lege is upon the servant.</p> <p>4. Same.</p> <p>Where the defect in a railroad engine, which caused the injury, developed in transit and the first opportunity to discover it was when the fireman went under the engine when he was injured, in such case the railroad company was not negligent in failing to discover the defect earlier.</p>