The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-11-28

liar. 1t adopts both views. in others words.
an employer can rely on the reputation
he must ties; the quality and strengsh ot
the appliance or ether thing to be used
by the enpioye. but throws not the faint
which tests mast Do made. THO federal
rules leaves all In the dark, each case
must he determined by i,seif-whether a
the employer was Justified In trusting 10
the reputation OF the seller.
The Inspection OF Foreign Cars.
The courts have had no little difncuisy
In answering another question namely,
railroad esmaanS 81 ears belonging TO
another line that are received for the
purpose % moving them over hs own
road Every Que Knows that this =
rad companies. me hrst thiog 20 ae
noted in answering this question - the
difference between foreign cars that are
condition and foreign cars that are Ina
perfect because they are faulty Ia con-
struction Tor use en- another railroad than
ears may Ne perteesiy adapted 70 their
own read. S~t be very Imperfect Tor use ON
another because they have different COUP
shss sew easno, be are esup - with others
only With greas difficulty or by ustng an
unusual coupler.
when For~ten Car Neea Net -
Received.
A foreign car net IN good condition need
not be received by another read, 10 this
what them in New York. Vermont and
some other states the courts say that the
receiving road y bound by thu same rule
m s sr has ya spss ~ e q
against a New York railroad, Mr.. Justice
Earl said that II was bound to inspect
foreign cars lust a. II would tts own. IL
IA fsa4t
and is AT least responsible for the cunse-
qnences OF such defects an would be dis
closed or discovered by ordinary inspec-
ton. When cars come 10 Il which have
defects visible or discoversble by ordi-
nary inspection. II must either remedy
such defects or refuse 20 take such cars.
~ msrn = ~. Y ~. sa tso M c y
said 10 assume the risk % such defects
~ foreign cars than In cars bsionkink 20
the Company. As TO such defects the
duty Of tho company IL the same a. 20 all
cars drawn over It's road" This rule T.
clear In the states whore u exissA. Al
cars are regarded AZ alike. foreign Of
may he discovered BY ordinary inspection.
And II such are run. the company II se-
sponssble 20 i,s employees for the conss-
Quences
Ths Rate ~ Masss~As sssss.
In Massachusetts and sons~ othsv states
n different rule has hesn laid down. that
of inspection and nothing more Thus. In
the ease OF Maekin against the Hoaton q
xssns ,n rsssss ss ess sssssd s ssss
over IT. road would not extend 20 those
that werc unsafe, yrt u they we're re-
ceiysd, the railroads duty ala not COM
Ice. in other words, proper cars, but SIM
ply the duty of inspection. Moreover
This duty In that state II performed by
ora who are to act under proper supertn-
feudenra ana rules. These tnspertcrs afs
regarded A. engaged IN common err
p,ssms WY, W., me :, , 1ss.s1 nv M M, ME-
therefore, q foreign car that 10 defertfse
need not be reccixed. hut ~ II y PASSED
nv the inspector and Injury feilows 90
somr ~ tins employees. a craftsman. for
example. he has no fsdrwss b<eAuse butn
ars II fhe same common service.
Is not this conclusion plain violation
prosfds suitable Appliances etc. tor his
employees. and thoueh he may delegAss
the duty 81 selecting them % another.
negligence IN doing this ana can in NO
way escape from NJ. Surely Il II an over
throw. in part. ~ this primary rule.
rer~ssa Cars THAT Are pspsrsses -
Constvsettes.
lat us pars u fhu receiving ~ foreign
cara thas are imperfect slfnriy berAuA~
they are constructed tn a different man
nef fran thoss Of the receiving company.
These must he resolved. TIC Law " im-
psfnttFe. aud IRE risk Sfvm attempting 20
caupgs them and asherwt~e manage ihem
while lb The posrnxsson ~ the recrsvtnx
company ~ uas III tBa ftsks assumed hy
shn ernplayss sasa the supreme court
~ she tnifed States. whaH applying tHis
principle In case brought ~ an <m-
i.ioSs ~ she Wabash Railroad Company
who wsA injafed ~ revpltnR fefsi3n
ear III IL not pretended that these cara
we're nns ~ repair. ~ In dnfeEtivs ran-
Aftson but simply that they were csH-
slrtsrtsd differently from the Wabash
eafs sn that they had apsstis deadvwpdN.
or hafnnsfa OF isfsstsnai length to pfwtset
ths dTsm ssara Bs4t all this waa eb*soue
fe even passing sianret ana tAe ftfh.
which iheFe wAs. ia cqs1phhH t4fh cara
was apparent II required No wf'sHiai NklA
~ hr,sN iessxN 10 detect y ThN InsefFsbrr
vas ~ bay placed ~ the smpaNref ~ .
t.saftkaa 81 tstidiscssesf danger. hSls a neAH
iuf~ uasn. dqine tho ard nary sgsk wfssrh
10 hal engaged ~ 90, Aha %has~s r$H ~
thf4 rs@seci waH aNetnsts q Anf nHri tn4
Az teNee elfxNtnst AmeeN Ne etsssftte1 the
rtak ~ esssh An apeaAeuf AZ tnka nisd NO
rratsxxnxN fan tse fsTlp&iaA 70 tbs esn-