...practice generally adopted on railways? In Bei'en, third ed., p. 614, I find the following: APPEAI, the ordinary usage of the business. No man is held by law to a higher de1918 gree of skill than the fair average of his profession or trade, and the standard of due care...

...this contention as tenable. It overlooks the well settled and oft-repeated rule in this State that the test of negligence in methods, machinery and appliances is the ordinary usage of the business. One cannot be convicted of negligence if he employs in his business the methods and appliances in general...

...relevant to the case at bar: "Absolute safety is unattainable, and employers are not insurers. They are liable for the consequences, not of danger, but...of negligence; and the unbending test of negligence is methods, machinery, and appliances in the ordinary usage of the business. No man is held by law...

...further be conceded as settled that the ground of liability is not danger, but negligence, and that the unbending test of negligence in methods, machinery,...appliances is the ordinary usage of the business. On the question ffi=sFor other сама see ваше topic and KEY-NUMBER in all Key-Numbered Digests...

...Am. St. Rep. 944, is the most conspicuous example, which hold that "the unbending test of négligence In methods, machinery, and appliances is the ordinary usage of the business." There are cases both in the United States courts and in several of the states which hold a different...

...the opinion the court says : "Absolute safety is unattainable, and employers are not insurers. They are liable for the consequences, not of danger, but...machinery, and appliances Is the ordinary usage of business. No man Is held by law to a higher degree of skill than the fair average of his profession...

...court used this language : " Absolute safety is unattainable, and employers are not insurers. They are liable for the consequences, not of danger but...methods, machinery and appliances is the ordinary uses of the business. No man is held by law to a higher degree of skill than the fair average of his...

...ordinary risks of the business. Absolute safety is unattainable, and employers are not insurers. They are liable for the consequences, not of danger, but...is held by law to a higher degree of skill than the average of his profession or trade, and the standard of due care is the conduct of the average prudent...

...authority may be stated as follows : Absolute safety is unattainable, and employers are not insurers. They are liable for the consequences, not of danger, but, of negligence, and negligence, in such cases as the one now under consideration, consists of the failure of the employer...

...102.*] 6. MASTER AND SERVANT (§ 85*) — INJURIES то SERVANT— MASTER'S ГЛАПИЛТТ. Masters are liable for the consequences, not of danger, but of negligence, and they are not insurers. [Ed. Note. — For other cases, see Master and Servant, Cent. Dig. § 136; Dec....