Brooks v. De Soto Oil Co.
Mississippi Supreme Court
Appeal from the circuit court of Washington county. Hon. J. M. Cashin, Judge. Suit by Si Brooks against tbe De Soto Oil Co. From a judgment sustaining a demurrer to tbe declaration, plaintiff appeals.
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Appeal from the circuit court of Washington county. Hon. J. M. Cashin, Judge. Suit by Si Brooks against tbe De Soto Oil Co. From a judgment sustaining a demurrer to tbe declaration, plaintiff appeals. This is an appeal from a judgment of the circuit court sustaining a demurrer to the declaration of appellant (who was plaintiff below). The declaration contains 'two counts, which are substantially as follows : First count: At the time of the occurrance of the injuries complained of, appellee was operating an oil mill, and among other departments thereof it was operating a linter department,…
1Opinion of the CourtSmith, J.
That this unguarded set screw constituted a menace to the life and limb of any person engaged in the work being-done by appellant at the time of his injury is hardly open to question, and that this danger could have been easily removed by guarding or sinking the set screw is also-equally obvious. This -being true, unless there existed circumstances not appearing in this record which relieved appellee from the duty of guarding or sinking this, set screw, it follows, either that appellee was negligent as a matter of law in failing to guard or sink the screw, and thus furnish appellant with a…
2Cases cited5 opinions
- Homestake Min. Co. v. FullertonCourt of Appeals for the Eighth Circuit · 1895
- Geno v. Fall Mountain Paper Co.Supreme Court of Vermont · 1895
- Mountain Copper Co. v. PierceCourt of Appeals for the Ninth Circuit · 1905
- Pruke v. South Park Foundry & Machine Co.Supreme Court of Minnesota · 1897
- Rabe v. Consolidated Ice Co.U.S. Circuit Court for the District of Northern New York · 1899
3Cited by7 opinions
- Cole v. TullosMississippi Supreme Court · 1956
- Wilbe Lumber Co. v. CalhounMississippi Supreme Court · 1932
- Knott v. Missouri Boiler & Sheet Iron WorksSupreme Court of Missouri · 1923
- Boswell v. Whitehead Hosiery MillsSupreme Court of North Carolina · 1926
- Kuhn v. LuskSupreme Court of Missouri · 1920
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