While, as a rule, the servant takes upon him self all the ordinary risks incident to the employ ment. still the master is under a legal obligation to use reasonable and ordinary care to supply the servant with safe machinery and appliances with which to work: and if, because of the master's failure to perform the duty properly. the servant be injured, without any contributory negligence on his own part. he may recover, in an action against his master, compensation for the dam ages thus sustained. If the servant be employed upon work involving special risks, of which he cannot be presumed to he cognizant, it is the duty of the master to inform him of such risks, or the master will he chargeable with negligence. Where the labor is in connection with specially danger olls machinery—such. for example, as that used IT railroad compan.s—the courts require the master to have the same very earefully inspeeted. to see, as far as is reasonably possible, that it is safe: but even in such cases they do not go to the extent of making the master all insurer of the servant's safety in the use of such ma chinery. If a servant be aware of the dangerous character of the place in whiell. or machinery or tools with which, he is requested by the master to work, and continue in his employment without object ion 011 that ground. he cannot recover dam ages from the master for an injury which results from any sueli cause. But it sometimes happens that when the servant complains of the defeets in the implements with which he is required to labor, he is induced to continue at his work by promises from the master that such defects will be speedily remedied. If, while continuing to
work for a reasonably short time in reliance upon such a promise, he be injured because of such defect, without any negligence on his part, he can still recover from the master compensa tion for the resulting damages. But when he allows an unreasonably long time to elapse after• receiving such promise, during which lie con tinues to labor with the defective appliances, he cannot recover for injuries resulting from the unrcinedied defects after such a lapse of time, unless a statute gives him a right of recovery. if the master willfully injure the servant, or by his personal neglect or wrongful act cause him injury in other ways than through defective machinery, place of labor, or implements of toil, he is liable to such servant in damages. in entering upon his employment the servant also voluntarily takes the risk of injury which may result from the negligence or wrongful acts of his fellow servants (q.v.), except in cases coining within the provisions of modern statutes relating to employers' liability (q.v.).
Although it is for the master to give a testimonial of character to an honest ser vant at the termination of his employment, he is not legally bound to do this, in the absence of a contract or a well-defined usage therefor.