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· 5/23/1887

Tuttle v. Detroit, Grand Haven & Milwaukee Railway

Citations

  • 122 U.S. 189
  • 7 S. Ct. 1166
  • 30 L. Ed. 1114
  • 1887 U.S. LEXIS 2099

Syllabus

<p>There is no rule of law to restrict railroad companies as to the curves it shall use in its freight stations and its yards, where the safety of passengers and of the public are not involved.</p> <p>The engineering question as to the curves proper to be made in the track of a railroad within the freight stations or the yards of the railroad company is not a question to be left to a jury to determine.</p> <p>Brakemen and other persons employed by a railroad company within the freight stations and the yards, of the company, when they accept the employment assume the risks arising from the nature of the curves existing in the track, and the construction of the cars used by the company; and they are bound to exercise the care and caution which the perils of the business demand.</p> <p>When a servant, in the execution of his master’s business, receives an injury which befalls him from one of the risks incident to the business, he cannot hold the master responsible, but must bear the consequences himself.</p>

Judges: Bradley, Miller, Harlan, Hablan

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.