Underwood v. Gulf Refining Co.
Supreme Court of Louisiana
Appeal from Pirst Judicial District Court, Parish of Caddo; A. J. Murff, Judge. Action by L. P. Underwood against the Gulf Refining Company of Louisiana. Prom a judgment for plaintiff, defendant appeals.
1Opinion of the CourtProvosty, J.
The plaintiffs sue in damages for the death of their brother, who, while in the employ of'the defendant, was killed by a gear chain snapping and one of its ends whipping around and striking him on the head.
The defenses are that the chain was not defective and was not being operated negligently, but that its breaking was nothing more than what frequently happens with the best of such chains, no matter how carefully operated; and that the death of the brother of plaintiffs was attributable to his own negligence in unnecessarily exposing himself to the danger that overtook him.
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2Cases cited5 opinions
- Darsam v. KohlmannSupreme Court of Louisiana · 1909
- Day v. Louisiana Western R.Supreme Court of Louisiana · 1908
- Ball v. Vicksburg, S. & P. Ry. Co.Supreme Court of Louisiana · 1909
- Welton v. Genesee Lumber Co.Supreme Court of Louisiana · 1905
- Howlett v. Penn Bridge Co.Supreme Court of Louisiana · 1909
3Cited by26 opinions
- Horrell v. Gulf & Valley Cotton Oil Co.Louisiana Court of Appeal · 1930
- Reed v. WarrenSupreme Court of Louisiana · 1931
- Kerner v. Trans-Mississippi Terminal R. Co.Supreme Court of Louisiana · 1925
- Hardtner v. &198tna Casualty Surety Co.Louisiana Court of Appeal · 1939
- Orta v. Porto Rico Railway Light & Power Co.Supreme Court of Puerto Rico · 1927
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