Kent v. Yazoo & Mississippi Valley Railroad

Citations

• 77 Miss. 494

Syllabus

<p>1. Raileoads. Defecti/oe appliance. Injwry to employe.</p> <p>A railroad employe is not entitled to recover for injuries resulting from a defect in a tool used by him in the customary manner, when the same, which was a new one, was of the kind in general use by railroads, and had been procured of a reputable manufacturer, and, before being given out for use, had been inspected and approved as sound by the'proper railroad supervisor, and was also regarded as sound by the employe hi'mself, a man experienced in the use of such tools.</p> <p>2. Same. Opinion. Evidence.</p> <p>Testimony that an examination of an appliance after the same had broken led the witness to believe that it was made of defective material is inadmissible.</p> <p>3. Same. Safest appliances.</p> <p>A railroad company is not negligent in failing to employ the safest known appliances.</p>