Holliday v. Fulton Band Mill, Inc.

I do not agree with the opinion of my colleagues. There is evidence in the record to the effect that the saw mill in question had an established practice of stopping the carriage and waiting on the offbearer of lumber. The plaintiff here had a right to rely upon that established practice and it was a nondelegable duty of, the master not to violate this practice when it endangered human life. J. W. Edwards v. Haynes-Walker Lumber Co., 113 Miss. 378, 74 So. 284; Oil Company v. Ellis, 72 Miss. 191, 17 So. 214; Carey Reed Company v. McDavid, 5 Cir., 120 F.2d 843; Yazoo & M. V. R. Co. v. Smith,…