Texas & Pacific Ry. Co. v. Swearingen, 196 U.S. 51 (1904)

Texas and Pacific Railway Company v. Swearingen

No. 48

Submitted November 3, 1904
Decided December 19, 1904
196 U.S. 51

ERROR TO THE CIRCUIT COURT OF

APPEALS FOR THE FIFTH CIRCUIT

Syllabus

An employee is entitled to assume that his employer has used due care to provide reasonably safe appliances for the doing of his work. Knowledge of the increased hazard resulting from the negligent location in dangerous proximity to a railroad track of a structure will not be imputed to an employee, using ordinary diligence to avoid it if properly located, because he was aware of its existence and general location. It is for the jury to determine from all the evidence whether he had actual knowledge of the danger.

The facts are stated in the opinion.