Patton v. Illinois Cent. R.

Citations

• 179 F. 530
• 1910 U.S. App. LEXIS 5421

Syllabus

<p>1. Master and Servant (§ 125*) — Injuries to Servant — Actionable Negligence-Defective Appliances — Knowledge of Defects.</p> <p>Where, in an action for injuries to a brakeman ¡by the breaking of a ladder rung on the side of a car, there was no proof that defendant knew of the defect in time to have repaired it before the accident, or that its condition had lasted so long that it could have been discovered by defendant’s use of reasonable care and prudent inspection, actionable negligence was not shown.</p> <p>Ed. Note. — For other cases, see Master and Servant, Cent. Dig. §§ 243-251; Dec. Dig. § 125.*]</p> <p>2. Courts (§ 372*) — Federal Courts — Rules of Decision.</p> <p>Whether the doctrine res ipsa loquitur applies to an action for injuries to a servant by the breaking of a ladder rung on the side of a freight car is a question of general jurisprudence, and not of local law, as to which federal courts are governed by their own decisions and not by those of the state in which the court is sitting.</p> <p>[Ed. Note. — For other cases, see Courts, Cent. Dig. §§ 977-979; Dec. Dig. § 372.*]</p> <p>3. Master and Servant (§ 265*) — Injuries to Servant — Res Ipsa Loquitur.</p> <p>In an action for injuries to a brakeman by the breaking of a ladder rung on the side of a freight car, the burden is on plaintiff to prove actionable negligence, and is not shifted to 'the defendant under the doctrine res ipsa loquitur by plaintiff’s proof of the accident without evidence of ^defendant’s actual or implied knowledge of the defect within a time sufficient to have enabled it to have repaired the same.</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>