Hope v. Natchez, Columbia & Mobile Railroad
Hope v. Natchez, Columbia & Mobile Railroad
Opinion of the Court
delivered the opinion of the court.
Appellee Butterfield Lumber Company is a corporation operating a logging railroad, and appellant was employed by it as a brakeman. Appellee’s cars were equipped with the old-style link and pin couplers. In order to couple cars thus equipped, it is necessary for the person making the coupling to go between the cars, taking hold of the link, which is usually attached to the
In the case at bar no attempt was made to show actual knowledge on the part of the master. In order to show constructive knowledge, it is necessary for appellant to show, not only that the defect could have been discovered by a reasonably careful inspection of the link, hut that the master had an opportunity, in the exercise of reasonable diligence, to have made such an inspection. In order to show that the master had such an opportunity for inspection, it was necessary for him to show, either that the defect in the link existed at the time it was furnished by the master, or, in event it became defective •after it was so furnished, that the defect had been in' existence for a length of time sufficient to have afforded appellee, in the exercise of reasonable diligence, an opportunity to inspect it. Both of these facts can, of course, be established by circumstantial evidence in the
Affirmed.
Reference
- Full Case Name
- Lee Hope, by next eriend v. Natchez, Columbia & Mobile Railroad Company
- Cited By
- 7 cases
- Status
- Published
- Syllabus
- 1. Master and Servant. Railroads. Injury io servant. Defective Appliances. Knowledge of defects. Duty to furnish safe appliances. Burden of proof. It is the duty of the master to furnish his servant with reasonably safe tools and appliances with which to work and he is responsible to his servant for any injury received by the servant, while such servant, himself, is in the exercise of due care, by reason of any defect in such tools or appliances of which the master knew or by the exercise of reasonable care and diligence could have known. 2. Master and Servant. Injury bo servaAib. Negligence. Burden of proof The master is responsible to the servant only for injuries received through his negligence, and the burden of proving such negligence is upon the servant, to the same .extent that it is upon all other plaintiffs seeking to recover on the ground of negligence. 3. Defective Toots. Knowledge of defect. When a servant is injured by reason of a defect in a tool or appliance, one of the essential elements of negligence on the part of the master is knowledge, actual or constructive, of the existence of the defect in the tools or appliance and the burden of showing such knowledge is upon the servant. 4. Same. In order to show constructive knowledge, it is necessary for plaintiff to show that the defect could have been discovered by a reasonably careful inspection of the appliance and also that the master had an opportunity, in the exercise of a reasonable diligence to have made such inspection, and in order to show that the master had such an opportunity of inspection, the plaintiff must show, either that the defect in the appliance existed at the time it was furnished by the master, or in the event that it became defective after it was furnished, that the defect had been in existence for a length of time sufficient to have afforded the master in the exercise of reasonable diligence an opportunity to inspect it. . 5. Master. Performance of duty. Presumptions. The law presumes the master has discharged his duty to furnish the servant with reasonably safe tools and appliances and except as provided by statute, and in cases wherein the doctrine of res ipsa loquitur applies, this presumption is not overcome by mere proof of injury to a servant by reason of defective appliances.