Chicago, M. & St. P. Ry. Co. v. Donovan

Citations

• 160 F. 826
• 87 C.C.A. 600
• 1908 U.S. App. LEXIS 4259

Syllabus

<p>1. Railroads — Injuries at Street Crossings in Railroad Yards — Reasonable Warnings.</p> <p>Independently of any statute or ordinance upon the subject, it is the duty of a railroad company, when about to send a car over a recognized street crossing in its yards, to exercise ordinary care for the protection of persons who may be using, or about to use, the crossing as a place of travel by giving some reasonable warning of the approach of the car.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 41, Railroads, §§ 98S--1005.]</p> <p>2. Same — Persons to Whom WarntngTs Due.</p> <p>The duty just stated is one which the railroad company owes to all persons thus using the crossing, as a place of travel, or about to do so, whether they be strangers or employes.</p> <p>[Ed. Note. — For eases in point, see Cent. Dig. vol. 41, Railroads, §§ 1014-1016.]</p> <p>3. Master and Servant — Master’s Responsibility eor Servant’s Act Done in Accordance with Recognized, but Negligent, Practice in Master’s Service.</p> <p>When a negligent practice obtains such a recognized and long-established footing in the master’s service that the conclusion is unavoidable that he either has knowledge thereof and acquiesces therein or has not exercised a reasonable supervision over the work of his servants, and one of them is injured by the act of another done in accordance with that practice, the master cannot avoid responsibility on the ground that the negligent act was merely that of a fellow servant.</p> <p>4. Sauk — Assumption op Risk — Distinction Between Qedinabt and Bx-TEAOBDINAEY RISKS.</p> <p>The rule that a servant assumes all the ordinary risks of the service in which he engages presupposes that the master will perform all the duties cast upon him for the servant’s protection, and therefore embraces such risks as are incident to the service where those duties are performed, and not such as arise out of the master’s negligence. The latter are deemed extraordinary risks, and, un