Edwards v. Hanyes-Walker Lumber Co.
Mississippi Supreme Court
Appeal from the circuit court of Tishomingo county. HoN. Claude ClaytoN, Judge. Suit by J. W. Edwards against the Hanyes-Walker Lumber Company. From a judgment for defendant on a peremptory instruction, plaintiff appeals.
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Appeal from the circuit court of Tishomingo county. HoN. Claude ClaytoN, Judge. Suit by J. W. Edwards against the Hanyes-Walker Lumber Company. From a judgment for defendant on a peremptory instruction, plaintiff appeals. This master owed to his employees all of the ordinary duties encumbent upon masters who operate dangerous machinery and they cannot evade this responsibility by entrusting the same to the judgment, care and management of an employee while they are away and engaged in other and different matters. Taylor v. Bradford, 83 Miss. 157; Taylor v. Bradford, 85 Miss. 409; 2 Thompson…
1Opinion of the CourtCook, P. J.
This suit originated in and was tried in the circuit court of Tishomingo county. According to the testimony of witnesses for plaintiff, he was an employee of the defendant company and his duties were that of a block setter; and it was his duty, among other things, to oil the bit saw mandrel. In order to perform his duties, it was necessary for him to take a position between the top saw rig and the big saw. The rule was that plaintiff’s duties were to be performed at the noon hour, when the machinery was at rest. The regular custom was to put the machinery in motion at one o’clock. While the…
2Cases cited1 opinion
- Mississippi Cotton Oil Co. v. EllisMississippi Supreme Court · 1894
3Cited by10 opinions
- Stricklin v. HarveyMississippi Supreme Court · 1938
- Masonite Corp. v. LochridgeMississippi Supreme Court · 1932
- Wilbe Lumber Co. v. CalhounMississippi Supreme Court · 1932
- Albert v. Doullut & Ewin, Inc.Mississippi Supreme Court · 1938
- Coast Ship Co. v. YeagerMississippi Supreme Court · 1919
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