![]() This is a suit for personal injuries, brought by J. No objection has been urged to appellant's statement of this case, and it is accordingly adopted as substantially correct. The foregoing conclusions render the consideration of other assignments unnecessary, and we conclude that upon the undisputed testimony in this case, the judgment should be reversed and here rendered for appellant.The evidence fails to show the precise number of each character of cabooses used by appellant, but, as stated, appellee was entirely familiar with both kinds of the differing kinds of steps thereon, and of the fact that a dinkey caboose was in a greater or less proportion in constant use, and if he was without knowledge of the character of caboose upon which he was traveling it would seem that in the exercise of ordinary care for his own safety he should have ascertained the character of step before walking from the platform. The mere fact, however, that the night was dark and that appellee at the time was in ignorance of the fact will not relieve him. It is not contended that had appellee known it was a dinkey caboose appellant would be liable. The evidence shows without contradiction that appellee was a railroad employe of many years' standing that in the discharge of his duties he had many times got on and off of the dinkey caboose which had been in use on the line of appellant railroad for several years. Besides, the evidence as a whole leads to the conclusion that the accident in question was either the result of appellee's own negligence, or a result within the risks assumed by him in his employment. ![]() All of the witnesses who testified on the subject testified to the effect that the step on the dinkey caboose is at least a reasonably safe one, and we fail to find any substantial basis in the evidence for the contention that appellant was guilty of negligence in providing the dinkey caboose with steps other and different from those with which the old style cabooses are equipped. The duty resting upon the master is to exercise ordinary care to furnish his servant with a reasonably safe place to work, and with reasonably safe appliances with which to perform that work, and when such care has been exercised and such duty discharged there can be no liability. These views, however, but illustrate the testimony of the witnesses, and after a consideration of the whole we fail to find any evidence of negligence on the part of appellant in the matter of the construction of the steps on the dinkey caboose. True, we have before us two photographs, one of which gives a view of the old style caboose and the steps thereon, and the other a view of the new or dinkey caboose with its steps.
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