Carey v. T. J. Sellers & Co.
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Monroe, J. 3. 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 t-lie act is necessarily and inevitably dangerous, no negligence. Do. 739, 681. It is not contributory negligence, per se, to engage in a dangerous occupation. Beach, Contrib.
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APPEAL from the Civil District Court for the Parish of Orleans. Monroe, J. 3. 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 t-lie act is necessarily and inevitably dangerous, no negligence. Do. 739, 681. It is not contributory negligence, per se, to engage in a dangerous occupation. Beach, Contrib. Keg. 370; Wood, p. 763; 39 Ann. 1013. 2. The servant has a right to roly upon the care and superior knowledge, information and judgment of the…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
This case is identical in many respects with that of Faren, tutrix, vs. Sellers, recently decided by us and reported in 39th Ann. p. 1011. It is an action sounding in damages for fatal injury received in the prosecution of the same work of demolishing the main building of Hie Exposition, by a servant employed in the same manner, the accident ^happening only two days after that in the case mentioned.
The only points in which this case differs from the former are, first, in the nature of the accident; second, in the character of the evidence.
*502In…
2Cited by8 opinions
- Roff v. Summit Lumber Co.Supreme Court of Louisiana · 1907
- Batson v. Western Union Telegraph Co.Court of Appeals for the Fifth Circuit · 1935
- Hencke v. EllisWisconsin Supreme Court · 1901
- Eschmann v. MoyerSupreme Court of Louisiana · 1969
- Jennings v. BolteLouisiana Court of Appeal · 1936
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