Choctaw, Oklahoma & Gulf R. R. v. McDade

Citations

• 191 U.S. 64
• 24 S. Ct. 24
• 48 L. Ed. 96
• 1903 U.S. LEXIS 1492

Syllabus

<p>It is the duty of a railroad company to use due care to provide a reasonably safe place and safe appliances for the use of workmen in its employ. It is obliged to use the same degree of care to provide properly constructed roadbed, structures and track to be used in the operation of the road.</p> <p>The servant has a right to assume that the master has used due diligence in providing suitable appliances for the operation of his- business and does not assume the risk of the employer’s negligence in making such provision,</p> <p>While an employé who continues without objection in his master’s employ with knowledge of a defective apparatus assumes the hazard incident to the situation, unless the evidence plainly shows the assumption of the risk, it is a question properly left to the jury.</p>