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Choctaw, Oklahoma & Gulf R. Co. v. McDade, 191 U.S. 64 (1903)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Choctaw, Oklahoma & Gulf R. Co. v. McDade, 191 U.S. 64 (1903)
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Choctaw, Oklahoma & Gulf Railroad Company v. McDade No. 26 Submitted October 14, 1903 Decided November 2, 1903 191 U.S. 64
ERROR TO THE CIRCUIT COURT OF
APPEALS FOR THE SIXTH CIRCUIT
Syllabus
It is the duty of a railroad company to use due care to provide a reasonably safe place and safe appliances for the use of workmen in its employ. It is obliged to use the same degree of care to provide properly constructed roadbed, structures, and track to be used in the operation of the road.
The servant has a right to assume that the master has used due diligence in providing suitable appliances for the operation of his business, and does not assume the risk of the employer’s negligence in making such provision.
While an employee who continues without objection in his master’s employ with knowledge of a defective apparatus assumes the hazard incident to the situation, unless the evidence plainly shows the assumption of the risk, it is a question properly left to the jury.
The facts appear in the opinion of the court.
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Chicago: U.S. Supreme Court, "Syllabus," Choctaw, Oklahoma & Gulf R. Co. v. McDade, 191 U.S. 64 (1903) in 191 U.S. 64 191 U.S. 65. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=IK1XZ21M2Y973Z9.
MLA: U.S. Supreme Court. "Syllabus." Choctaw, Oklahoma & Gulf R. Co. v. McDade, 191 U.S. 64 (1903), in 191 U.S. 64, page 191 U.S. 65. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=IK1XZ21M2Y973Z9.
Harvard: U.S. Supreme Court, 'Syllabus' in Choctaw, Oklahoma & Gulf R. Co. v. McDade, 191 U.S. 64 (1903). cited in 1903, 191 U.S. 64, pp.191 U.S. 65. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=IK1XZ21M2Y973Z9.
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