Faren v. T. J. Sellers & Co.
Supreme Court of Louisiana
PPEAL from the Civil' District Court for the Parish of Orleans. Houston7 J. 1. Master and Servant. The risk assumed by the servant is the ordinary hazard incident to the employment, and this is synonymous with unavoidable accident. Wood, Master and Servant, p. 738. Unless the act is necessarily and inevitably dangerous, no negligence. Ho. 739, 681. It is not contributory negligence, per se, to engage in a dangerous occupation. Beach, Contrib.
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PPEAL from the Civil' District Court for the Parish of Orleans. Houston7 J. 1. Master and Servant. The risk assumed by the servant is the ordinary hazard incident to the employment, and this is synonymous with unavoidable accident. Wood, Master and Servant, p. 738. Unless the act is necessarily and inevitably dangerous, no negligence. Ho. 739, 681. It is not contributory negligence, per se, to engage in a dangerous occupation. Beach, Contrib. Heg. 370 ; Wood, p. 763. 2. The servant has a right to rely upon the caie and superior knowledge, information, and judgment of the employer. Wood, pp.…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
The defendant firm became the purchaser of the immense structure known as the Main Building of the World’s Exposition, erected in the Public Park of the city of New Orleans. The object of tile purchase was to demolish it and to convert its materials into marketable lumber. The building was one of the largest ever constructed, covering a space of about 1300 by 900 feet. It was built for a temporary purpose and with great baste. The height and breadth of its spans were unusually large and many of the timbers were of great size and weight, the…
2Cases cited1 opinion
- Grand Trunk Railway Co. v. CummingsSupreme Court of the United States · 1883
3Cited by31 opinions
- Rogers v. LeydenIndiana Supreme Court · 1891
- Missouri Pacific Railway Co. v. ColumbiaSupreme Court of Kansas · 1902
- Bell v. Albert Hanson Lumber Co.Supreme Court of Louisiana · 1922
- Gray v. Baker & Taylor Drilling Co.Court of Appeals of Texas · 1980
- Lee v. S. Pac. R.R. Co.California Supreme Court · 1894
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