Missouri Pacific Railway Co. v. Somers

Citations

• 71 Tex. 700
• 9 S.W. 741
• 1888 Tex. LEXIS 1210

Syllabus

<p>Defective Cattle Guards upon Railway—Notice.—The brake upon the caboose was defective. The handle in the ear would set the brakes, but would not throw them off. While the train was in motion it was necessary for the brakeman to go upon the rear platform and down upon the lower step, and to stoop so as throw off the brakes by using an implement brought for the purpose. While so engaged, the head of the brakeman came in contact with a cattle guard, and for the injury so received the brakeman sued. He was fully aware of the defective brake, and of the fact that many of the cattle guards were too close, to the track. Held:</p> <p>1. The plaintiff could not recover for any injury directly resulting from the defect in the brake.</p> <p>2. If, being ignorant of the condition of the cattle guard, and it was so constructed as to be dangerous to the employes operating the trains, the plaintiff was injured, liability would ensue; and</p> <p>3. Knowledge that many of the cattle guards were defective, would put the employes upon notice of their construction generally, and would throw the risk as to all upon the employes.</p>