Prairie Pebble Phosphate Co. v. Taylor

Citations

• 64 Fla. 403

Syllabus

<p>1. The common law rule is that when an employer has fully performed his duty to an employee, the employee assumes the obvious risks of danger in employment voluntarily engaged in when he is capable of understanding and appreciating such risks and dangers, and the employer is not liable in damages for injuries to the employee caused by the negligence of a fellow servant when the master does not by his negligence or other conduct proximately contribute to the injury.</p> <p>2. The members of a train crew such as engineer, fireman, and brakeman or switchman of the same train are fellow servants.</p> <p>3. If the master is negligent in his duty to take proper care in the selection of those who are to work with other employees he may be liable in damages for injuries proximately ■ resulting from such negligence if recovery by the injured party is not barred by reason of contributory negligence; but in such case the negligence of the master and resulting injury must be properly alleged and must be proven as alleged.</p> <p>4. Whre there is no evidence to sustain the particular allegation of negligence upon which an action is based, a ver: diet for the plaintiff will be reversed.</p>