Brymer

— Appellant received bodily injuries while engaged with others in the employ of defendant, under the directions of a superintendent, in raising a derailed and wrecked car. He alleged that the injury occurred through the use of inadequate, inappropriate, insecure, and defective appliances furnished by defendant without proper care and caution in the selection thereof, and through the negligence and unskillfulness of the superintendent who was engaged in directing the work on behalf of defendant.

The defendant asked the court to give the following instruction, which was refused: —

The defendant moved for a new trial, and the motion was granted on the ground that the court had erred in refusing to give the instruction above quoted.

We think the instruction ought to have been given.

When the employer exercises all the care and caution which a prudent man would ordinarily take for the safety and protection of his own person under the same circumstances, he cannot be held liable for the consequences of a defect in the machinery or appliances used. This is the sense in which the expression “reasonable and ordinary care, skill, and diligence in procuring and furnishing suitable and…