Chicago & E. R. v. Ponn

Citations

• 191 F. 682
• 112 C.C.A. 228
• 1911 U.S. App. LEXIS 4973

Syllabus

<p>1. Master and Servant (§-107*) — Master’s Liability f,or Injury to Servant-Unsafe Place to Work.</p> <p>Plaintiffs’ intestate, a boy 17 years old, in the employ of defendant railroad company at its roundhouse, while assisting to turn an engine on the turntable at night, was struck by the pilot of the engine, which pro- ' jected beyond the edge of the table, and killed. The place was not lighted,- and there was no planking around the table, which left the rails .of the surrounding tracks projecting above the ground. The table was not largo enough to hold the more modern engines, such as the one being turned, without leaving 'the pilot projecting from three to five feet, and for some reason not shown would not turn readily with such engines, except in one direction, which required those operating it to work with the pilot following them. Plaintiffs’ intestate apparently stumbled on a rail, and was caught by the pilot close behind him. Halé, that such evidence sustained a finding that defendant was negligent in failing to provide a reasonably safe place for the employes to work.</p> <p>[Ed. Note. — For other cases, see Master and Servant, Gent. Dig. §§ 100-202; Dec. Dig. § 107.*] • ,</p> <p>2. Trial (§ 139*) — Motion for Directed Verdict — 'Weight of Evidence.</p> <p>In an action against a master for injury to a servant in which defendant relies on the defenses of assumed risk and contributory negligence, the court is not warranted in directing a verdict for defendant if there is any evidence which, if believed by the jury, would negative such claims:</p> <p>[Ed. Note. — For other cases, see Trial, Cent. Dig. §§ 338 -341; Dec: Dig. § 139.*]</p> <p>3. Master and Servant (§ 217*) — Master’s Liability for Injury to Servant — Assumption of Disk.</p> <p>The only kind of knowledge on the part of an employe which will bar a recovery for an injury on the ground of assumption of the risk is actual knowledge, not only of conditions, but of the risk resulting.</p> <p>[Ed. Note