Smith v. T. J. Sellars & Co.
Supreme Court of Louisiana
APPEAL from tlie Civil District Court for the Parish of Orleans. Bightor, J. I. The master will be held liable for “subjecting the servant, through negligence, tc greater risks than those which properly belong to the employment. Thompson, Negligence, II, 969; Hilliard, II, pp. 424, 456, 459, 4G7; Addison, Torts, I, pp. 226, 257; Wharton, Negligence, § 205; Beach, Contrib.
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APPEAL from tlie Civil District Court for the Parish of Orleans. Bightor, J. I. The master will be held liable for “subjecting the servant, through negligence, tc greater risks than those which properly belong to the employment. Thompson, Negligence, II, 969; Hilliard, II, pp. 424, 456, 459, 4G7; Addison, Torts, I, pp. 226, 257; Wharton, Negligence, § 205; Beach, Contrib. Neg. 311; Wood, Master and Servant, 678, 843; Wait, IV, p. 417; 102 Mass. 572; 55 111. 492; 8 Am, Bep. 661; 31 Ind. 175; 62Mo. 230; 63 Penn. St. 146; 34 N. J. L. 151. II.• A servant assumes only the risks ordinarily incident…
1Opinion of the Court
The opinion of the Court was delivered by
Watkins, J.
Plaintiff claims ten thousand dollars damages for injuries inflicted, at the hands of the defendants, under the following circumstances:
Tnaton or about the 12th of July, 1886, he was employed by the defendant as a laborer to assist in the demolition of the Exposition buildings, in this city, and, while thus engaged, he was injured by a falling joist.
That shortly prior to receiving the injury, “ in order to protect himself from possible danger at the deirick, to which post he had_ been assigned by defendants’foreman, he rove the line of the…
2Cases cited1 opinion
- Sullivan v. India Manufacturing Co.Massachusetts Supreme Judicial Court · 1873
3Cited by5 opinions
- Lucey v. Hannibal Oil Co.Supreme Court of Missouri · 1895
- Jacobson v. United States Gypsum Co.Supreme Court of Iowa · 1909
- Wiggins v. Standard Oil Co.Supreme Court of Louisiana · 1917
- Lucius v. HarrisMississippi Supreme Court · 1934
- Rochelle v. White Castle Lumber & Shingle Co.Supreme Court of Louisiana · 1908