Rigsby v. Burlington Northern Inc.

Appealing from a judgment rendered for defendant railroad company in a personal injury action, plaintiff assigns as error the court’s giving the following instruction to the jury:

"It follows, therefore, that there is a duty to make reasonable inspections of the cars to the end that defects therein may be ascertained and to warn or to repair the defect thus found. There is no duty, however, on the part of the railroad in any event to warn of a defect which is open, visible and obvious, and the duty to warn or repair does not come into play because the user can be expected to see such defects…