CHOCTAW, OKLAHOMA & GULF R. CO. V. MCDADE, 191 U. S. 64 (1903)
Subscribe to Cases that cite 191 U. S. 64
Case Resources
Search this Case
in Google Scholar
on the Web
Google Web Search
MSN Web Search
Yahoo! Web Search
in the News
Google News Search
Google News Archive Search
Yahoo! News Search
in the Blogs
BlawgSearch.com Search
Google Blog Search
Technorati Blog Search
in other Databases
Google Book Search
Online Research Resources
Cornell LII
Cornell Wex Dictionary & Encyclopedia
LLRX.com - Legal Research
Expert Witness Directory
Nolo Consumer & Business
US Court Forms
USA Constitution Annotated
WashLaw Directory
World LII
Online Case Law
Cornell LII
FastCase $
Lexis $
LexisOne
Loislaw $
USSCPlus.com $
VersusLaw $
Link to the Case Preview: http://supreme.justia.com/us/191/64/
Link to the Full Text of Case: http://supreme.justia.com/us/191/64/case.html
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.