New York, N. H. & H. R. v. Dailey

Citations

• 179 F. 289
• 102 C.C.A. 660
• 1910 U.S. App. LEXIS 4636

Syllabus

<p>1. Master and Servant (§ 97*) — Master’s Liability fob Injury to Servant —Dangerous Structures.</p> <p>If a master provide structures which guard against all accidents which can reasonably be foreseen, he has done his duty in that respect to his employes.</p> <p>[Ed. Note. — -For other cases, see Master and Servant, Cent. Dig. § 163; Dec. Dig. § 97.*]</p> <p>2. Master and Servant (§§ 113, 198*) — Master’s Liability foe Injury to Servant — Place to Work.</p> <p>Plaintiff was employed as an engine hostler at defendant’s roundhouse. A dead engine, with no air to operate the brakes, came in and was turned over to him, and a co-employé with another engine kicked it into the roundho-use from the turntable. • It was given such speed that plaintiff was afraid it would go through the building, and started to jump off to block the wheels, when he struck the post between the stalls and was injured. There was a clearance between the engine and post of about 11 inches, which was greater than the average in roundhouses. The evidence showed that so far as known no similar accident had ever occurred; it being the duty of the hostler under ordinary circumstances to remain on the engine. Held, that defendant was not chargeable with negligence because the space was not greater, which rendered it liable for the injury, the construction being the usual one and safe for employés under any circumstances to be reasonably anticipated; nor was it liable for the negligent act of the man operating the other engine, which primarily brought about the situation, who was a fellow servant.</p> <p>[Ed. Note. — For other cases, see Master and Servant, Cent. Dig. §§ 224-227, 510-513; Dec. Dig. §§ 113, 198.*]</p>