Cincinnati, N. O. & T. P. Ry. Co. v. Robertson
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Kentucky. The defendant in error, a locomotive engineer in the service of the railway company, lost an eye through the explosion of one of the glass tubes in the lubricator located in the cab of his engine.
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In Error to the Circuit Court of the United States for the Eastern District of Kentucky. The defendant in error, a locomotive engineer in the service of the railway company, lost an eye through the explosion of one of the glass tubes in the lubricator located in the cab of his engine. There was evidence tending to show that lubricator tubes were liable to explode, and that to prevent injury to the men in the cab it was usual to protect them with metal shields so constructed as to prevent injury from flying fragments of glass, without seriously obstructing the view of the tubes by the…
1Opinion of the CourtBurton, Circuit Judge
The law is that a railway company owes to its employes the duty of using reasonable care to provide them with reasonably safe appliances to do their work, and the same degree of care to keep such-appliances in repair and free from defects. There is, however, no-duty to provide the latest, safest, or best appliances, but only such as are reasonably safe.. Nevertheless, if one accept employment upon, about, or with machinery or appliances which he knows are not safe by reason of defects, or such defect is so obvious as that he must be taken as matter of law to know its unsafe condition, he will…
2Cases cited11 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Northern Pacific Railroad v. BabcockSupreme Court of the United States · 1894
- Tuttle v. Detroit, Grand Haven & Milwaukee RailwaySupreme Court of the United States · 1887
- Sweeney v. . Berlin and Jones Envelope Co.New York Court of Appeals · 1886
- District of Columbia v. McElligottSupreme Court of the United States · 1886
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3Cited by5 opinions
- Johnson v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1924
- Crosby v. Cuba R. Co.U.S. Circuit Court for the District of New Jersey · 1908
- Great Northern Ry. Co. v. McDermidCourt of Appeals for the Ninth Circuit · 1910
- Wyman & Gordon Co. v. PooleCourt of Appeals for the Sixth Circuit · 1912
- Republic Iron & Steel Co. v. ThomasinoCourt of Appeals for the Fifth Circuit · 1910