Cross v. Lee Lumber Co.
Supreme Court of Louisiana
Appeal from Thirteenth Judicial District Court, Parish of Rapides; W. F. Blackman, Judge. Action by Henry Y. Cross against the Lee Lumber Company. From a judgment for plaintiff, defendant appeals, and plaintiff answers the appeal, praying that the amount of the award be increased.
1Opinion of the Court
Statement of the Case.
MONROE, J.
Plaintiff sues for damages for personal injuries sustained whilst discharging his duty as “toggle knocker” in defendant’s employ. Defendant pleads assumption of risk, including risk of the negligence of a fellow servant, and contributory negligence.
The duty of the “toggle knocker” is to knock loose the “toggle” or “binder” chain, by which logs, loaded upon a ear, are held in position, so that they may be released and unloaded. An ordinary log car consists of two trucks, upon which are fastened, about 14 inches apart, two squared timbers, called “reaches,” 7…
2Cases cited4 opinions
- Bell v. Globe Lumber Co.Supreme Court of Louisiana · 1901
- Towns v. Vicksburg, Shreveport & Pacific RailroadSupreme Court of Louisiana · 1885
- Evans v. Louisiana Lumber Co.Supreme Court of Louisiana · 1903
- Mattise v. Consumers' Ice Manufacturing Co.Supreme Court of Louisiana · 1894
3Cited by11 opinions
- Benoit v. Hunt Tool Co.Supreme Court of Louisiana · 1951
- New Amsterdam Casualty Co. v. SoileauCourt of Appeals for the Fifth Circuit · 1948
- Rojas v. Maldonado SierraSupreme Court of Puerto Rico · 1948
- Flores v. Sucesores de Pérez HermanosSupreme Court of Puerto Rico · 1921
- Clements v. Texas & P. Ry. Co.Supreme Court of Louisiana · 1921
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