Spahn v. Peoples Railway Co.

Citations

• 26 Del. 302
• 3 Boyce 302
• 83 A. 27
• 1912 Del. LEXIS 32

Syllabus

<p>1. Master and Servant—Injuries to Servant—Action—Essentials.</p> <p>Negligence is the basis of an action by a servant against his master for injuries from a defective appliance.</p> <p>2. Master and Servant—Injuries to Servant—Action—Burden of Proof.</p> <p>In an action by a motorman against his master for injuries received by reason of a defective brake on the car, the burden of proving negligence is on the motorman.</p> <p>3. Master and Servant—Action—Defenses—Contributory Negligence.</p> <p>A servant, guilty of contributory negligence, cannot recover for injuries caused partly through his own negligence and partly through that of the master.</p> <p>4. Master and Servant—Injuries to Servant—Duty of Master.</p> <p>The primary duty of a master towards his servant is to use all reasonable care, proportioned to the danger of the employment, to furnish him with reasonably safe tools and appliances with which to work, though they need not be of the safest, best, or most improved kind; and if the master neglects this duty he is liable for injuries received by the servant because of such neglect.</p> <p>5. Master and Servant—Injuries to Servant—Appliances.</p> <p>A servant has the right to rely on the master’s furnishing of safe appliances, and assumes no risk of injury because of defects therein.</p> <p>6. Master and Servant—Injuries to Servant—Risks Assumed.</p> <p>A servant assumes all of the ordinary risks incident to the employment j and such as are patent or may be discovered by the ordinary use of his senses</p> <p>7. Master and Servant—Injuries to Servant—Duty of Servant.</p> <p>A master is not an insurer of his servants; the servant being bound to use ordinary care for his own safety.</p> <p>8. Master and Servant—Injuries to Servant—Safe Appliances.</p> <p>A master is bound, not only to furnish reasonably safe appliances, but also to use due diligence to keep them in a reasonably safe condition so long as used.</p> <p>9. Master and Servant—Injuries to Servant—