Legal Opinion

Ten Mile Lumber Co. v. Garner

Mississippi Supreme Court

Decided March 15, 1918Published

Appeal from the circuit court of Stone county. HoN. J. H. Neville, Judge. Suit by Ester Garner against the Ten Mile Lumber 'Company. From a judgment for plaintiff, defendant .appeals. The facts are fully stated in the opinion of the court. We respectfully submit that the peremptory instruction in this case should have been given. The appellee ■was not directed by the foreman or anyone having the right to direct bis services to assist in straightening the peavey point.

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Appeal from the circuit court of Stone county. HoN. J. H. Neville, Judge. Suit by Ester Garner against the Ten Mile Lumber 'Company. From a judgment for plaintiff, defendant .appeals. The facts are fully stated in the opinion of the court. We respectfully submit that the peremptory instruction in this case should have been given. The appellee ■was not directed by the foreman or anyone having the right to direct bis services to assist in straightening the peavey point. They were under no obligation, either to appellant or any one else to undertake to straighten the point where they were at…

1Opinion of the CourtEthridge, J.

“Ester Garner, a minor of nineteen years of age,, was employed by the Ten Mile Lumber Company, a corporation, and was engaged with a track and bridge-crew of the said company with his father, who was also an employee of the company. In the course of the-*824work on a bridge on one of the lines of the company a peavey, or cant hook, was bent to an extent that it needed straightening or repairing. Some of the employees of the company and the appellee undertook to repair the cant hook by laying the hook upon a steel maul and striking the hook, to straighten it, with an axe. While this was being…

2Cases cited4 opinions

  1. Mississippi Central Railroad v. BennettMississippi Supreme Court · 1916
  2. Hatter v. Illinois Central RailroadMississippi Supreme Court · 1892
  3. Capital City Oil Works v. BlackMississippi Supreme Court · 1892
  4. Illinois Central Railroad v. DanielsMississippi Supreme Court · 1895

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