Ovett Land & Lumber Co. v. Adams
Mississippi Supreme Court
Appeal from the circuit court of Jones county. Hon. P. B. Johnson, .Judge. Suit hy M. D. Adams against Ovett Land & Lumber Company. From a judgment for plaintiff, defendant appeals. Appellee brought suit for damages for injuries received by him while in the employ of appellant, and recovered a judgment for six hundred and fifty dollars from which this appeal is prosecuted. Appellant owned and operated a sawmill.
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Appeal from the circuit court of Jones county. Hon. P. B. Johnson, .Judge. Suit hy M. D. Adams against Ovett Land & Lumber Company. From a judgment for plaintiff, defendant appeals. Appellee brought suit for damages for injuries received by him while in the employ of appellant, and recovered a judgment for six hundred and fifty dollars from which this appeal is prosecuted. Appellant owned and operated a sawmill. Logs were hauled from the ramps up 'an incline to the saw shed by means of a cable attached to the log car. A belt ran over a spool wheel, to which the cable was attached, and while…
1Opinion of the CourtCook, J.
As we read the record in this case, the court should have excluded all of the evidence offered by plaintiff, *744and directed a verdict for defendant. The alleged defect in the belt was not the cause of the injury. The “lip” on the belt was harmless, so far as plaintiff was concerned. The master provided a perfectly safe contrivance to operate the machine, and instead of using the safe means provided plaintiff undertook to stop the machine by pressing his foot on a rapidly moving-belt. This act of his was the proximate and sole cause of his injury.
Beversed and cause dismissed.
Reversed.
2Cited by4 opinions
- Long v. WOOLLARD, & FARMERS ELEVATOR, INC. FMississippi Supreme Court · 1964
- Stokes v. Adams-Newell Lumber Co.Mississippi Supreme Court · 1928
- Goodyear Yellow Pine Co. v. ClarkMississippi Supreme Court · 1932
- Rose v. PaceMississippi Supreme Court · 1926