Union Pacific Railway Co. v. Daniels

Citations

• 152 U.S. 684
• 14 S. Ct. 756
• 38 L. Ed. 597
• 1894 U.S. LEXIS 2156

Syllabus

<p>When a defendant, after the close of the plaintiff’s evidence, moves to dismiss, and, the motion being denied, excepts thereto, and then proceeds with his case, and puts in evidence on his part, he thereby waives the exception, and the overruling of the motion to dismiss cannot be assigned for error.</p> <p>A railroad company is bound to see to it, at the proper inspecting station, that the wheels of the cars in a freight train about to be drawn out upon the road are in a safe and proper condition; and if the servants to whom it delegates this duty perform it so negligently as to permit a car to go into service on the train, one of the wheels of which has an old crack in it some twelve inches long, filled with grease, rust, and dirt, but which' could have been detected without difficulty, and in consequence of that wheel’s giving way while the train is in motion an accident takes place by which another servant of the company is injured, the company is liable therefor.</p>