Gualden v. Kansas City Southern Railway Co.

Citations

• 106 La. 409

Syllabus

<p>Syllabus.</p> <p>1. It is the duty of the master to furnish reasonably safe appliances required in the work he engages his servants to perform, and to keep them in good repair.</p> <p>2.- If a servant becomes aware of defects in the appliance, this knowledge alone, in case of injury, does not bar his recovery. Not only the defect, but the danger arising therefrom must be known to him, or be apparent to him.</p> <p>3.- The rule that an employee cannot recover where he chooses a dangerous method to perform a given work, after he has- been shown a safe way, is held to have no application to this case.</p> <p>4.- A plaintiff’s right to sue and stand in judgment must be challenged by formal plea tendered in Umine.</p>