Wilbourn v. Charleston Cooperage Co.
Mississippi Supreme Court
Appeal from circuit court of Tallahatchie county. IIon E. D. Dinkins, Judge. - Action by Frank Wilbourn against the Charleston Cooperage Company. Judgment for defendant on a di: rected verdict, and plaintiff appeals. Appellant, Wilbourn, sued the appellee, Charleston Cooperage Company, a corporation under the laws of this state, for damages for an injury caused by having the forefinger of his left hand cut off by a circular saw operated in appellee’s stave mill.
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Appeal from circuit court of Tallahatchie county. IIon E. D. Dinkins, Judge. - Action by Frank Wilbourn against the Charleston Cooperage Company. Judgment for defendant on a di: rected verdict, and plaintiff appeals. Appellant, Wilbourn, sued the appellee, Charleston Cooperage Company, a corporation under the laws of this state, for damages for an injury caused by having the forefinger of his left hand cut off by a circular saw operated in appellee’s stave mill. After all of the evidence for both sides was in, the court directed a verdict for the appellee, and judgment was entered…
1Opinion of the CourtAnderson, J.
(After stating the faets as above). It is contended on behalf of the appellant that appellee owed the appellant the duty to furnish him a reasonably safe place in which to deliver icé to appellee; that on account of the floor around the water barrel being wet and slippery, it was an unsafe place for appellant to perform his duties; that the circular saw which cut off appellant’s finger was a dangerous and unsafe piece of machinery; and that therefore it was the duty of the appellee to appellant to properly guard the same, and that if it had been so guarded the injury complained of would not…
2Cases cited2 opinions
- Bennett v. Railroad Co.Supreme Court of the United States · 1881
- Kress v. MarklineMississippi Supreme Court · 1917
3Cited by9 opinions
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- J.C. Penney Company v. SumrallMississippi Supreme Court · 1975
- J. C. Penney Co. v. EvansMississippi Supreme Court · 1935
- Dooley v. Economy Store, Inc.Supreme Court of Vermont · 1937
- D'Antoni v. AlbrittonMississippi Supreme Court · 1930
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