Illinois Central Railroad v. Price

Citations

• 72 Miss. 862

Syllabus

<p>1. Master and Servant. Extra hazardous service. Inexperienced employe. Duty of master.</p> <p>A servant assumes the known, obvious and ordinary risks of his employment, but an employer who, knowing- his servant to be inexperienced, requires him to perform dangerous or extra hazardous service, must acquaint him with the peril and the mode of executing the service, unless the dang-er be plainly apparent.</p> <p>2. Same. Injury to employe. Dangerous cov/pling. Foreign cars.</p> <p>It is the duty of a railroad company to instruct an inexperienced switchman as to the proper mode of making couplings of foreign cars handled in transportation and supplied with coupling appliances essentially unlike its own, the use of which is more dangerous. Failing in this, the company is liable for injuries to such servant who is required to couple such cars, and, by reason of the defects, is injured.</p> <p>3. Same. Unsafe appliances. Foreign can's. ConsMt/utton 1890, g 184.</p> <p>Constitution 1890, g 184, requiring railroad companies to receive and transport each other’s cars without unnecessary delay or discrimination, does not require a railroad company to receive and transport foreign cars obviously defective and dangerous to its employes, or exempt it from liability to its employes for injuries sustained because of the defective or unsafe condition of machinery and appliances on foreign cars received by it without inspection, or where by such inspection the defects or dangerous condition could have been discovered.</p> <p>4. Same. Dangerous coupling. Inexperienced switchman. Case.</p> <p>Where plaintiff, an inexperienced switchman, is ordered by the conductor to couple two foreign cars, having- coupling appliances unlike those on defendant’s cars, and more dangerous, and with which plaintiff is unacquainted, and, without being- warned of the danger, attempts to couple them and is injured by reason of then-defective condition, which was not apparent to him, the company is liable