Cryder v. Chicago, R. I. & P. Ry. Co.

Citations

• 152 F. 417
• 81 C.C.A. 559
• 1907 U.S. App. LEXIS 4294

Syllabus

<p>1. Hastes and Servant — Latent Defects — Failure to Discover and Remove Not Negligence of Master.</p> <p>The failure of a master or of his inspectors to discover and remove latent defects, which the exercise of ordinary care would not discover, in the place, articles, or machinery with which his servant works, is not negligence on their part, because the discovery and removal of such defects falls beyond the limits of their duty to exercise reasonable care.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 34, Master and Servant, §§ 233, 237.]</p> <p>2. Same — Servant Assumes Risk.</p> <p>The servant assumes the risk of the latent defects in the place, articles, and machinery with -which ho works, which the ordinary care of the master to make and keep the place, articles, and machinery reasonably safe fails to discover and remove.</p> <p>[Ed. Note — For cases in point, see Cent. Dig. vol. 34, Master and Servant, §§ 551, 552.]</p> <p>3. Same — Negligence—Proof of Injury by Negligence ok by Some Other Cause Insufficient.</p> <p>Evidence in actions for negligence that the injury was caused by the defendant’s want of reasonable care, or by a latent defect, or by some other thing for which he is not responsible, is insufficient, because the burden is on the plaintiff to show that the injury resulted directly from the negligence of the defendant.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 34, Master and Servant, §§ 897, 959.]</p> <p>4. Same — Negligence—Latent Defects — Pacts—Conclusion.</p> <p>A conductor was descending a ladder on the end of one of the cars of his moving train, when one end of one of the rounds gave way, and he fell and was injured. The car had been cornered, and this was one of five of the six rounds of the ladder which had been bent. The defendant had provided inspectors to examine this and other cars at the station at which the conductor took this train and to cause defects in them to be remedied. After the accident one