McKinney v. McNeely
Supreme Court of Louisiana
APPEAL from the Civil District Court, Parish of Orleans — * Mils, J. The plaintiff’s action is for damages for the loss of his hand while engaged in certain work upon the tug Corsair, of which the defendant Brown was the owner, and the defendant McNeely was the captain. The injury, it is alleged, was the result exclusively of the negligence of McNeely and his employer and the defective 'appliances upon the boat, and he, plaintiff, was nowise in fault.
Read the full summary
APPEAL from the Civil District Court, Parish of Orleans — * Mils, J. The plaintiff’s action is for damages for the loss of his hand while engaged in certain work upon the tug Corsair, of which the defendant Brown was the owner, and the defendant McNeely was the captain. The injury, it is alleged, was the result exclusively of the negligence of McNeely and his employer and the defective 'appliances upon the boat, and he, plaintiff, was nowise in fault. He himself was an employee of the Johnson Iron Works and was sent by his employers to do the work upon the boat which would be indicated to him…
1Opinion of the Court
*29The opinion of the court was delivered by
Nicholls, O. J.
It is beyond question that the rudder was insecurely held in position at the time of the accident, and that it was exceedingly dangerous for plaintiff,under the circumstances,to have placed his hand where it was. The case ¡turns upon who was at fault in the matter. There was very considerable conflict of testimony, as is usual in such cases. Defendant positively denies that he gave any orders to the plaintiff to remove the balls, or that he had anything whatever to do with the matter of the securing of the rudder. The testimony shows…
2Cited by5 opinions
- Ramsey v. Tremont Lumber Co.Supreme Court of Louisiana · 1908
- Wiggins v. Standard Oil Co.Supreme Court of Louisiana · 1917
- Allen v. Firemen's Fund Insurance Co.Louisiana Court of Appeal · 1961
- Lucius v. HarrisMississippi Supreme Court · 1934
- De Coux v. Kentwood & E. Ry. Co.Supreme Court of Louisiana · 1911