Texas & Pacific Ry. Co. v. Barrett
166 U.S. 617 (1897)

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U.S. Supreme Court

Texas & Pacific Ry. Co. v. Barrett, 166 U.S. 617 (1897)

Texas and Pacific Railway Company v. Barrett

No. 247

Argued and submitted March 23, 1897

Decided April 19, 1897

166 U.S. 617

Syllabus

A railway company is bound to use ordinary care to furnish safe machinery and appliances for the use of its employs, and the neglect of its agents in that regard is its neglect, and if injury happens to one of its employs by reason of the explosion of a boiler which was defective and unfit for use, and the defect and unfitness were known or by reasonable care might have been known to the servants of the company whose duty it was to keep such machinery in repair, their negligence is imputable to the company; but in an action against the company by the injured employ, the burden of proof is on the plaintiff to show that the exploded boiler and engine were improper appliances to be used on the railroad, and that the boiler exploded by reason of the particular defects insisted on by plaintiff.

The case is stated in the opinion.

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