Choctaw, Oklahoma & Gulf R. Co. v. McDade
191 U.S. 64 (1903)

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U.S. Supreme Court

Choctaw, Oklahoma & Gulf R. Co. v. McDade, 191 U.S. 64 (1903)

Choctaw, Oklahoma & Gulf Railroad Company v. McDade

No. 26

Submitted October 14, 1903

Decided November 2, 1903

191 U.S. 64

Syllabus

It is the duty of a railroad company to use due care to provide a reasonably safe place and safe appliances for the use of workmen in its employ. It is obliged to use the same degree of care to provide properly constructed roadbed, structures, and track to be used in the operation of the road.

The servant has a right to assume that the master has used due diligence in providing suitable appliances for the operation of his business, and does not assume the risk of the employer's negligence in making such provision.

While an employee who continues without objection in his master's employ with knowledge of a defective apparatus assumes the hazard incident to the situation, unless the evidence plainly shows the assumption of the risk, it is a question properly left to the jury.

The facts appear in the opinion of the court.

Page 191 U. S. 65

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