Texas & Pacific Ry. Co. v. Bradford

Citations

• 66 Tex. 732
• 2 S.W. 595
• 1886 Tex. LEXIS 603

Syllabus

<p>1. Master and servant—The liability of a master to his servant for injuries resulting from the use of a defective implement arises from the duty of the master to furnish proper tools to perform his work; and a servant, unless the defect of the tools be patent, may assume that the master in this respect has performed his duty. But when the servant knows that the master has not furnished proper implements for the performance of his work, and continues in the employment using such implements, he will ordinarily be held to have assumed the risk incident to their use.</p> <p>2. Case reviewed—Ford v. Railway Company, 110 Mass., 241, reviewed.</p> <p>3. Knowledge—Master and servant—A servant who attempts the execution of work for his employer with tools furnished him, and which he knows are not proper for the work to be done, will be charged with a knowledge of those natural laws which render the performance of his labor dangerous, when attempted with such improper tools. Under such circumstances the master is not liable when personal injury results, and the fact that a man of ordinary prudence might have continued in the master’s service and attempted to perform the work with the same tools under like circumstances, will not vary the rule.</p>