Alexander v. Davis Bros.

Citations

• 124 La. 1
• 49 So. 724
• 1909 La. LEXIS 414

Syllabus

<p>1. Master and Servant (§ 217*) — Injuries to Servant — Assumption op Risk.</p> <p>The servant assumes the ordinary risks incident to his employment, and those of which he has actual knowledge, and he is chargeable with knowledge of risks which are obvious and of those of which he might acquire actual knowledge by the use of ordinary care; due allowance being made for youth, inexperience, and lack of intelligence.</p> <p>2. Master and Servant (§ 280*) — Injury to Servant — Assumption op Risk.</p> <p>Where, in a sawmill, the ends of two heavy planks become jammed beneath a revolving shaft in such a manner as to press against the shaft in juxtaposition to two cogwheels in plain view, the danger incurred by a workman, who, wearing gloves with flaring gauntlets, undertakes to dislodge the planks by so taking hold of them that his gloves, or gauntlets, are brought in contact with the cogwheels, or with a set screw by which one of the wheels is fastened to the shaft, is an obvious one, which a workman of average intelligence must be considered to have assumed.</p> <p>(Syllabus by the Court.) '</p>