Burch v. Southern Pac. Co.

Citations

• 140 F. 270
• 1905 U.S. App. LEXIS 4790

Syllabus

<p>1. Master and Servant — Defective Appliance — Promise to Repair.</p> <p>As a general rule, to justify a servant in remaining in tbe service in reliance on the master’s promise to repair defective machinery or appliances it is not necessary that a definite time for making the repairs should be fixed, as a reasonable time will be implied, in the absence of an express agreement.</p> <p>[Ed. Note. — For cases in point, see vol. 34; Cent. Dig. Master and servant, §§ 641-644.)</p> <p>2. Same — Action foe Injury of Servant — Complaint.</p> <p>A complaint in an action by a servant of a corporation to recover for an injury alleged to have been caused by a defective appliance is not subject to demurrer, because, in alleging a promise by defendant to repair the' appliance, it does not state by what officer or agent the promise was made.</p>