Montbriand v. Chicago, St. P., M. & O. Ry. Co.

Citations

• 191 F. 988
• 1911 U.S. App. LEXIS 5554

Syllabus

<p>Master and Servant (§ 265*) — Action for Injury to Servant — Proof of Negligence — Doctrine of Res Ipsa Loquitur.</p> <p>The doctrine res ipsa loquitur is not applicable in actions by a servant against the master to recover for an injury on the ground of negligence, and evidence tending to show that plaintiff, a brakeman, was injured by reason of the failure' of a brake on a ear to work, does not establish actionable negligence on the part of the railroad company, but it must be further shown that the defect was known to defendant, or could have been known by proper inspection.</p> <p>[Ed. Note.- — For other cases, see Master and Servant, Cent. Dig. §§ 877 -908, 955; Dec. Dig. § 265.*</p> <p>Application of doctrine of res ipsa loquitur in actions for injuries to servants, see note to Carnegie Steel Co. v. Byers, 82 C. C. A. 121.]</p>