New York, Chicago & St. Louis Railroad v. Ropp

Citations

• 76 Ohio St. (N.S.) 449

Syllabus

<p>Rules for car inspectors — Reasonable, when — Agreement to obey rule binding — Failure to obey — Not excused by consent of superior, when — Constitutes negligence — Master and servant.</p> <p>1. A rule which requires car inspectors or car repairers, when- at work under or about a car or train, to see for themselves that a blue flag by day or a blue light by night is displayed at each end of the car or cars, upon which they are working, is a reasonable rule, providing for the safety of employes and not limiting the master’s liability for negligence; and an agreement with the master by the servant at the time of his employment that he understood such rule and would obey it, is binding upon him.</p> <p>2. The failure to obey such rule is not excused by the presence or consent of another servant of-the master, who is superior to the servant who agreed to obey such rule, when the superior servant is not authorized to represent the master in the making or changing of rules or contracts; and failure to obey'the rule under such circumstances is negligence per se.</p>