Northern Pac. Ry. Co. v. Altimus

Citations

• 179 F. 275
• 102 C.C.A. 631
• 1910 U.S. App. LEXIS 4633

Syllabus

<p>1. Master and Servant (§§ 101, 102, 124*) — Duty of Master — Tools and Appliances — Inspection and Tests.</p> <p>The master’s duty to the servant requires the 'exercise of reasonable care and skill, not only in furnishing safe machinery and appliances, but in keeping them in a safe condition, and includes the duty of making inspection and tests, at proper intervals.</p> <p>[Ed. Note. — For other cases, see Master and Servant, Cent. Dig. §§ 135, 171, 180-184, 192, 235-242; Dee. Dig. §§ 101, 10.2, 124.*]</p> <p>2. Master and Servant (§ 205*) — Defective Appliances — Assumption of Risk.</p> <p>The servant has the right to assume that the master has exercised due care and diligence to provide suitable appliances, and does not assume the risk from the master’s negligence in performing such duty.</p> <p>[Ed. Note. — For other cases, see Master and Servant, Cent. Dig. §§ 547-549; Dec. Dig. § 205.*</p> <p>Assumption of risk incident to employment, see note to Chesapeake & O. R. Co. v. Hennessey, 38 C. C. A. 314.]</p> <p>8. Master and Servant (§§ 288, 289*) — Master’s Liability fob Injury to Servant — Assumption of Risk — Questions for Jury.</p> <p>Plaintiff, who was helper for a boiler maker working for defendant railroad company, was injured by the breaking of a handle of an air motor which they were using on top of a boiler. The handle was not the kind usually used, but was a piece of pipe, which had been substituted, and was weakened by the deep cutting of the threads; but such defect was not observable, unless the handle was removed and inspected. Held, that plaintiff could not be said as matter of law to have assumed the risk, or to foe chargeable with contributory negligence, and that such questions were properly submitted to the jury.</p> <p>[J3d. Note. — For other cases, see Master and Servant, Cent. Dig. §§ 1068-1132; Dee. Dig. §§ 288, 289.*]</p> <p>Ross, Circuit Judge, dissenting.</p>