Joseph McKenna

“ The failure to furnish that character of a clawbar was negligence upon the part of the master. If the defects were so glaring, and the clawbar so patently defective that an ordinarily prudent servant would not have used it, then its use under such circumstances was negligence upon the part of the servant, which negligence under the rule in Missouri would bar him from a recovery. ”

“ Action for personal injuries based on Employers' Liability Act (Comp. St. §§ 8657-8665) . Negligence is charged against petitioners as receivers of the Wabash Railroad Company.
Respondent Williams, plaintiff in the action, was engaged in tearing down on the line of the railroad, and a defect in a clawbar, which he was directed to use, caused the bar to slip while he was attempting to draw a bolt; in consequence he lost his balance and fell to the ground, a distance of 12 feet. The defect, it is alleged, Williams did not know. ”

“ In its view of the federal statute and the defense under it, the court erred. Seaboard Air Line Railway Co. v. Horton, 233 U.S. 492, 34 Sup. Ct. 635, 58 L. Ed. 1062, L. R. A. 1915C, 1, Ann. Cas. 1915B, 475 ”