Chicago & Alton Railroad v. Platt

Citations

• 89 Ill. 141

Syllabus

<p>1. Negligence—liability of railroad company to servant for injury. While a railroad company is required to use the highest diligence in furnishing such cars and fixtures thereto, yet it is-not an absolute insurer, and can not be held liable for defects of which such diligence would not inform it. Actual knowledge of the defect is not necessary, it being sufficient that the company might have been informed by the use of such diligence as the law imposes upon it, but when it did not know, and could not have informed itself of the defect, the company is not liable for an injury caused by such defect.</p> <p>2. If a brakeman or servant of a railway company receives an injury from a defective ladder attached to a freight car in use, knowledge must be brought home to the company, or proof made that it was ignorant of the same through negligence or want of that care which the law requires, or in other words, it must, be shown that the company either knew or might have known the defect causing the injury, to make it liable for such injury.</p>