Anderson v. Elder, Dempster & Co.

Citations

• 105 La. 672

Syllabus

<p>Syllabus.</p> <p>The appliances for loading the ship which defendant was engaged in loading, were complete and in good order, except that a block, not in use, attached to the boom of the ship had not been moused. Attention of the foreman in charge had been called by one of the workmen under him to the fact that this block, as it was not moused, was dangerous. The block not moused was on the line of the wire rope, strung under the boom and operated by the winch. It was mid-way the boom. The other block which was being used when the accident happened was at the end of the boom. The foreman did not. immediately after having been notified, take steps to have the block taken down or moused. A few moments after, the wire rope struck the block, causing it to slip from the strap. In its fall it slipped on the rope to where the plaintiff workman was standing in charge of the winch and struck him, inflicting a wound in the head.</p> <p>The danger was not open and apparent, and plaintiff, as a workman in charge of the winch requiring all his time and attention, did not have opportunity to be informed of the danger. The foreman, the day previous, had inspected the appliances. He did not have the block taken down or moused on the day following, when his attention was directed to the danger. The rule is general that the master is responsible for any act of omission or commission of his agent causing damages while acting in the scope of his employment.He, although he may not be present in person directing the worlf, is, as relates to management and discipline, ordinarily needful, as far as rea- . sonably possible, to avoid casualties.</p>