Richmond & Danville Railroad v. Elliott

Citations

• 149 U.S. 266
• 13 S. Ct. 837
• 37 L. Ed. 728
• 1893 U.S. LEXIS 2296

Syllabus

<p>On the trial of an action by a coupler and switchman of a railroad company, whose wages were $1.50 per day, against another company, to recover for injuries received while in the discharge of his duties from the explosion of the boiler of a locomotive, he was asked, as a witness, what were his prospects of advancement in the service of the company, and answered that he thought by staying he would be promoted; that he had been several times, in the absence of the yard-master, called upon to discharge his duties; that there was a “ system by which you go in there as coupler or train-hand, or in the yard, and if a man falls out you stand a chance of taking his place; ” and that the average yard-conductor obtained a salary, of from $60 to $75 a month. Held, that there was error in admitting this testimony.</p> <p>If a railway company, in purchasing a locomotive from a manufacturer of recognized standing makes Such reasonable examination of it as is possible without tearing the machinery in pieces, and subjects it fully to all the ordinary tests which are applied for determining the efficiency and strength of completed engines, and such examination and tests disclose no defect, it cannot, in an action by a stranger, be adjudged guilty of negligence on account of a latent defect which subsequently caused injury to such party.</p>