Coughlan v. Philadelphia, Baltimore & Washington Railroad

Citations

• 22 Del. 242
• 6 Penne. 242
• 67 A. 148
• 1907 Del. LEXIS 17

Syllabus

<p>Case—Death of Intestate; Damages for—Master and Servant— Fellow-Servant—Negligence—Ignorance of Duties and Dangers—Instructions—Dangerous and Unsuitable Appliance—Inadequate Number of Crew—Contributory Negligence.</p> <p>1. The relation of master and servant held to have existed between defendant and deceased.</p> <p>2. Primary duties of the master defined.</p> <p>3. Where an unskilled servant is directed by the master to perform dangerous work with which he is not acquainted, and where the dangers are latent, that is, not manifest or apparent, it is the duty of the master to instruct such servant as to his duties, and to give warning respecting the danger. It is also the duty of the master to see that the number of ser - vants engaged upon any particular work is sufficient to secure the reasonable safety of each of them.</p> <p>4. The defendant would not be liable if the danger complained of was apparent to a person of ordinary intelligence and care, or if, at the time of the accident the deceased was using the dangerous appliance without any order to do so, or contrary to the orders given by the defendant.</p> <p>5. If the deceased saw and knew of the inadequacy of the crew, and continued to work without objections; or if a part of the crew were temporarily absent in an emergency not reasonably to be anticipated by the master, the defendant would not be liable.</p>