United States Rolling Stock Co. v. Wilder

Citations

• 116 Ill. 100
• 5 N.E. 92
• 1886 Ill. LEXIS 1061

Syllabus

<p>1. Negligence — contributory negligence■—under what condition of proof the court should instruct on that subject. In an action based on negligence of the defendant, proof of the negligent acts or omissions charged in the declaration, which fails to show negligence by the plaintiff, establishes a prima facie right of recovery; and it is incumbent on the defendant to show such negligence in the plaintiff as will defeat a recovery, or at least offer some evidence tending to prove it, in order to warrant the court in giving an instruction relating to contributory negligence.</p> <p>2. Same—master and servant—of the risks the latter assumes, generally. A servant, in entering upon an employment, assumes, generally, only such risks as he has notice of, either express or implied. Some are so obvious that notice of them will be presumed. When there are special risks, of which the servant is not, from the nature of the employment, cognizant, or which are not patent, it is the duty of the employer to notify him of them, and on failure to do so, if the servant is injured by exposure to such risks, he is entitled to recover from his employer.</p> <p>3. Same—servant assuming risk as to competency of fellow-servants— duty of the master in that regard. One employed in a service is not bound to investigate, and find out at his peril whether the common master has used reasonable care in the selection of those already employed in the same branch of service, but on the contrary, he is warranted in assuming that his employer has discharged his duty in that respect, and until notice to the contrary is brought home to such servant, he may act upon such supposition.</p> <p>4. All the law demands of a servant entering a hazardous service, is to observe what is passing, and avail himself of such information as he may receive in respect to the talents and characteristics of his fellow-servants; and if, from any source, he finds any of them incompetent, so that his position is extra hazardo