Johnson v. Ches. & Ohio R'y Co.
West Virginia Supreme Court
I. — "A servant can not recover for an injury suffered in the course of his employment from a, defect in the machinery or appliances used by the master, unless the master knew, or ought to have known, of the defect, and the servant was ignorant of such defect, or had, not equal means of knowledge.” — 83 W. Ya. 135 ; 31 W. Ya. 142; 24 W. Ya. 37; 29 Conn. 548 ; 41 Barb. 366; 26 Barb. 39; 24 H. Y. 10 ; 64 H. Y. 5; 110 Mass. 23; 137 Mass. 243; 61 Ill. 162; 68 Ill. 545; 61 Mo.…
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I. — "A servant can not recover for an injury suffered in the course of his employment from a, defect in the machinery or appliances used by the master, unless the master knew, or ought to have known, of the defect, and the servant was ignorant of such defect, or had, not equal means of knowledge.” — 83 W. Ya. 135 ; 31 W. Ya. 142; 24 W. Ya. 37; 29 Conn. 548 ; 41 Barb. 366; 26 Barb. 39; 24 H. Y. 10 ; 64 H. Y. 5; 110 Mass. 23; 137 Mass. 243; 61 Ill. 162; 68 Ill. 545; 61 Mo. 520; 67 Mo. 272; 32 Midi.'411; 25 Ala. 659. IT. — The mere fact that machinery proves> defective, and that an injury…
1Opinion of the Court
Holt, Jud&e :
This is an action in case brought in the Circuit Court of Cabell county on May 3,1890, by E. E. Johnson against the railway company for negligence in failing to keep the car coupling in proper order, whereby plaintiff, a brakeman, engaged in uncoupling the cars, had his left hand caught and mashed so as to require amputation of all except the forefinger and thumb. It was, on the issue of‘‘Not guilty,” tried by the jury on December 10, 1890, who found for plaintiff three thousand five hundred dollars damages ; and the defendant moving for a new trial, the court overruled the…
2Cases cited20 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890
- Kane v. Northern Central Railway Co.Supreme Court of the United States · 1888
- Jones v. East Tennessee, Virginia & Georgia RailroadSupreme Court of the United States · 1888
- Madden's Adm'r v. C. & O. Railway Co.West Virginia Supreme Court · 1886
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3Cited by7 opinions
- Reilly v. NicollWest Virginia Supreme Court · 1913
- Fry v. North Carolina RailroadSupreme Court of North Carolina · 1912
- Massie v. Peel Splint Coal Co.West Virginia Supreme Court · 1896
- Fry v. . R. R.Supreme Court of North Carolina · 1912
- Stewart v. Ohio River R.West Virginia Supreme Court · 1895
2 more not listed; retrieve them via the Exa API.