Texas & Pacific Railway Co. v. Swearingen

Citations

• 196 U.S. 51
• 25 S. Ct. 164
• 49 L. Ed. 382
• 1904 U.S. LEXIS 681

Syllabus

<p>An employé is entitled to assume that his employer has used due care to-provide reasonably safe appliances for the doing of his work. Knowl- . edge of the increased hazard resulting from the negligent location in dangerous proximity to a railroad track of a structure will not be imputed to an employé, using ordinary diligence to avoid it if properly located, because he was aware of its existence and general location. It is for the jury to determine from all the evidence whether he had actual knowledge of the danger.</p>