I. & G. N. R'y Co. v. McCarthy

Citations

• 64 Tex. 632

Syllabus

<p>1. Negligence.— Though a railway company must furnish proper machinery, tools and implements to those who perform service for it in operating its road, it is not regarded by the law as an insurer that no injury will result to its employees in their use, but will generally be liable only if injury results when it has failed to exercise reasonable care in their selection. If the implement or machine be one, the danger from using which is apparent, and which does not result from any latent defect, the machine itself being in general use, easy to understand, and requiring but little skill or practice to operate it, one injured in operating it will not be heard to complain that he was not informed of its construction or the danger of using it.</p> <p>2. Same.— If a railway company furnishes a machine or implement to an employee, the defects of which and the dangers resulting from its use being apparent, and leaves it to the option of such employee whether he will use it or not, and injury results to him from its use, the company will not be liable.</p> <p>8. Same — Contributory negligence — Pact case.— See opinion for facts under which it was held that a road master who, while operating a new velocipede car, was run over and killed by a railway train, was guilty of contributory negligence.</p>