Cybur Lumber Co. v. Erkhart
Mississippi Supreme Court
Appeal from the circuit court of George county. Hon. Jas. H. Neville, Judge. Suit by Corbet Erkhart against the Cyburn Lumber Company and another. From a judgment for plaintiff, the named defendant appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of George county. Hon. Jas. H. Neville, Judge. Suit by Corbet Erkhart against the Cyburn Lumber Company and another. From a judgment for plaintiff, the named defendant appeals. The facts are fully stated in the opinion of the court. We cite the following authorities in substantiation of our contention that the master is not required to guard against the dangers which necessarily arise in the progress of the work which is changing and shifting in its character or which are created by the workmen themselves in the prosecution of that work. Bennett v. Crystal…
1Opinion of the Court
Stevens. J.,
delivered the opinion of the court.
Appellee, plaintiff in the court below, instituted this suit to recover damages for alleged personal injuries sustained by him while employed by appellant, the Cybur Lumber Company, a corporation owning and operating sawmills and a logging railroad. Plaintiff was employed as a log “tong” man, one of a crew engaged in operating a “ground” or “possum dog” skidder placed in the woods and used for the purpose of pulling logs from the forest and bunching the saw-logs in convenient places to b.e loaded upon wagons by the team crew and conveyed to the…
2Cases cited14 opinions
- Citrone v. O'Rourke Engineering Construction Co.New York Court of Appeals · 1907
- Finkbine Lumber Co. v. CunninghamMississippi Supreme Court · 1911
- Zeigenmeyer v. Goetz Lime & Cement Co.Missouri Court of Appeals · 1905
- Cybur Lumber Co. v. ErkhartCourt of Appeals for the Fifth Circuit · 1918
- Lassasso v. Jones Bros.Supreme Court of Vermont · 1915
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3Cited by6 opinions
- Coast Ship Co. v. YeagerMississippi Supreme Court · 1919
- M. E. Gillioz, Inc. v. LancasterSupreme Court of Arkansas · 1938
- Davis v. W. T. Carter & Bro.Court of Appeals of Texas · 1929
- Yazoo M.V.R. Co. v. SmithMississippi Supreme Court · 1928
- Green Lumber Co. v. SullivanMississippi Supreme Court · 1950
1 more not listed; retrieve them via the Exa API.