Moit v. Illinois Cent. R.

Citations

• 153 F. 354
• 82 C.C.A. 430
• 1907 U.S. App. LEXIS 4413

Syllabus

<p>1. Master and Servant — Action for Injury of Servant — Evidence of Master’s Negligence.</p> <p>Where plaintiff, a car repairer employed by defendant railroad company, was injured while repairing the trucks which had been removed from under the end of a car by the falling of the end of the ear which had been jacked up by other employes, and rested upon the jacks, there was no presumption of negligence on the part of defendant arising from the accident itself, and no ground of recovery against it for the injury was shown, in the absence of any substantive proof of its negligence or of any evidence to show what caused the car to fall.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 34, Master and Servant, §§ 881, 898.]</p> <p>2. Same — Unsafe Place to Wokk — -Negligence oe Fellqw Sehvants.</p> <p>The jacking up of the end of a railroad car for the purpose of repairing the trucks was not a part of the master’s duty of providing a reasonably safe place for the employes to work, but a part of the duty of the servants making the repairs, and there can be no recovery against the master for an injury resulting to a fellow servant from their negligence in doing the work, the appliances furnished by the master not being shown to have been insufficient nor defective.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 34, Master and Servant, § 352.]</p>