Texas & Pacific Ry. Co. v. Archibald, 170 U.S. 665 (1898)

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Texas and Pacific Ry. Co. v. Archibald


No. 207


Submitted April 15, 1898
Decided May 23, 1898
170 U.S. 665

ERROR TO THE CIRCUIT COURT OF
APPEALS FOR THE FIFTH CIRCUIT

Syllabus

It is the duty of a railroad company to use reasonable care to see that the cars employed on its road, both those which it owns and those which it receives from other roads, are in good order and fit for the purposes for which they are intended, and this duty it owes to its employs as well as to the public.

An employee of a railroad company has a right to rely upon this duty’s being performed, as while, in entering the employment, he assumes the ordinary risks incident to the business, he does not assume the risk arising from his employer’s neglect to perform the duties owing to him with respect to the appliances furnished.

The case is stated in the opinion.