Parker v. W. C. Wood Lumber Co.
Mississippi Supreme Court
Aupeat, from the circuit court of Covington county. Hon. R L. Bullard, Judge. Suit by Ernest E. Parker against the W. C. Wood Lumbér Company. Judgment for defendant and plaintiff appeals. The record shows that, it was part of plaintiff’s duty to place pieces of timber on the rollers' to be carried to a saw for cutting. Where timbers were large, implements known as “cant hooks”’ were used by laborers with which to place such timbers.
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Aupeat, from the circuit court of Covington county. Hon. R L. Bullard, Judge. Suit by Ernest E. Parker against the W. C. Wood Lumbér Company. Judgment for defendant and plaintiff appeals. The record shows that, it was part of plaintiff’s duty to place pieces of timber on the rollers' to be carried to a saw for cutting. Where timbers were large, implements known as “cant hooks”’ were used by laborers with which to place such timbers. The cant hook consisted of a large handle made of wood, over which an iron cuff was slipped and fastened a few inches from the bottom. Into this cuff a hook…
1Opinion of the Court
Whiteield, C.
It is earnestly insisted by the appellee, which obtained a peremptory instruction in the court below, after the evidence for the plaintiff was in, .that the cant hook in question is a tool of so simple and common' and ordinary use as that the servant had equal opportunity of ascertaining any defect in it with the master, and that consequently with respect to such simple tool, of such ordinary and common use, the rule requiring the master to. inspect tools furnished the servant does not apply. Por a full discussion of this doctrine, see Labatt on Master and Servant, vol. §§ 405',…
2Cases cited1 opinion
- Magee v. North Pacific Coast RailroadCalifornia Supreme Court · 1889
3Cited by8 opinions
- Wausau Southern Lumber Co. v. CooleyMississippi Supreme Court · 1922
- Gulf, M. N.R. Co. v. GrahamMississippi Supreme Court · 1928
- Hercules Powder Co. v. TyroneMississippi Supreme Court · 1929
- Wisconsin & Arkansas Lumber Co. v. AshleySupreme Court of Arkansas · 1923
- Middleton v. FaulknerMississippi Supreme Court · 1938
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