Eastern Transportation Co. v. Johnson

Citations

• 117 Va. 306
• 84 S.E. 649
• 1915 Va. LEXIS 37

Syllabus

<p>1. Pleading—Declaration—Allegation of Defendant’s Negligence.— A declaration which alleges that the defendant had knowledge of a specified danger to which the plaintiff was exposed, and that “notwithstanding this knowledge,- the defendant negligently, carelessly, and in reckless disregard of the safety of the plaintiff ordered the plaintiff to proceed in and about the work for which he had been employed” assuring him of the safety of the' place when, in fact, he knew it was not safe, sufficiently charges negligence on the part of the defendant</p> <p>2. Master and Servant—Safe Appliances—Modes of Doing Work-Comparison of Methods.—The liability of the master for failure to make an appliance reasonably safe is to be determined by whether or not the mode adopted by the defendant was a compliance with its duty to use ordinary care to provide reasonably safe appliances, and not whether some other method might have been adopted for rendering it safe.</p> <p>3. Master and Servant—Safe Appliances—Measure of Master’s Duty.—The true measure of the master’s duty, as to appliances, is to use ordinary care to provide reasonably safe tools and appliances, and this ordinary care is measured by the general usages of the business. He is not required to provide absolutely safe appliances.</p>