Rex v. Pullman's Palace Car Co.

Citations

• 16 Del. 337

Syllabus

<p>Master and Servant. Duty of Master.—The primary duties of the master are, first, to provide a reasonably safe place for the servant to work in or upon; second, to provide him with reasonably safe tools and machinery with which to do his work; third, to employ reasonably competent and careful co-workers and servants; fourth, to promulgate proper rules for the government of such servants in operating his business; where the extent of that business exceeds the limits of his personal supervision.</p> <p>Master and Servant. Fellow Servant.—The servant assumes no risk whatever as to these primary duties of the master when he accepts employment; but he does assume all the ordinary risks of the employment, including the negligence of his fellow worker.</p> <p>Master and Servant. Safe Place.—The giving of notice of the approach of danger where it does not enter into the creation of or the maintenance of a safe place, is not necessarily a primary duty of the master; but a secondary duty, so to speak, which may delegated to competent fellow servants under the the proper rules.</p> <p>Master and Servant. Rules,—Wherever the master [may discharge a primary duty, by the adoption of rules, and the appointment of competent persons to carry them into efiect; such rules must be reasonably adequate to the ends sought to be accomplished.</p> <p>Evidence. Res (Jestae.—In an action on the case for injuries resulting from negligence, it is proper to show the familiarity of the plaintiff with his surroundings, but not what was usually due in other cases not shown to be exactly similar to that under consideration.</p> <p>Evidence.—When-it was the duty of a watchman to give warning of danger he will not be permitted to give his opinion whether the warning should be heard by the workmen.</p> <p>Same.—Nor can it be proved that on other occasions the watchman failed to give warning.</p>