Toledo, Wabash & Western Railway Co. v. Asbury

Citations

• 84 Ill. 429

Syllabus

<p>1. Railroad company—duty to furnish safe machinery. It is the duty of railroad companies to furnish good, well constructed machinery, adapted to the purposes of its use, of good material and of the kind that is found to he safest when applied to use; and whilst they are not required to seek and apply every new invention, they must adopt such as is found by experience to combine the greatest safety with practical use.</p> <p>3. Employee—required to use care commensurate with danger of employment. Although machinery furnished by a railroad company for the use of its employees may be unsafe, yet if an employee, knowing the character of the machinery, continues to use it, he is hound to exercise care commensurate with the danger; and if lie fails to do so, and is injured, his negligence will preclude a recovery against the company on account of such injury.</p>