1. Master and Servant (§§ 288, 289*) — Master’s IjIabitjty for Injury to Servant — Defective Machinery — Questions for Jury. -

Where a servant having knowledge of a defect in a machine or appliance which makes it unsafe to use it reports the fact to the employer, and is promised that the defect shall be repaired within a reasonable time, whether his continuing to use it is within the asumption of risk or constitutes contributory negligence if be is injured are questions for the jury, unless the facts are such that upon any view of them no recovery can be had thereon as matter of law.

[Ed. Note.- — For other cases, see Master and Servant, Cent. Dig. §§ 1084, 1097; Dec. Dig. §§ 288, 289.*]

2. Master and Servant (§ 145*) — Master’s Liability for Injury to Servant-Construction of Rules of Railroad Company.

If a rule of a railroad company is ambiguous and uncertain, it should be construed most strongly against tlie company, and in favor of the employe.

[Ed. Note. — For other eases, see Master and Servant, Cent. Dig. § 288; Dec. Dig. § 145.*]

3. Master and Servant (§ 243*) — Master’s Liability for Injury to Servant-Defective Machinery — Contributory Negligence — Violation of Rules — Reliance on Promise to Repair.

Where the rules of a railroad company required the roundhouse foreman to make all needed repairs on engines or cause them to be made, a rule requiring engineers before starting on a trip to examine their engines to know that they are in a safe condition to operate does not make it the duty of an engineer to make repairs before starting, but in such respect the roundhouse foreman is his superior, and the promise by such foreman to repair a defect reported to him by an engineer, or to send an appliance required, may justify the engineer in proceeding with the engine in reliance on such promise when he is ordered to do so.

[Ed. Note. — For other cases, see Master and Servant, Cent. Dig. §§ 6S2, 762; Dec. Dig. § 243.*]