Ball v. Vicksburg, S. & P. Ry. Co.

Citations

• 123 La. 7
• 48 So. 565
• 1909 La. LEXIS 667

Syllabus

<p>1. Master and Servant (§§ 206, 224*) — Injuries to Servant — Assumption op Risk.</p> <p>The master is not liable in damages for injuries received by the servant when the latter is assuming an unnecessary risk and is not engaged in the discharge of any duty assigned to him by, or that he owes to, the master; nor is he liable for injuries resulting from risks incidental to the service for which the servant was employed, which the servant may reasonably be held to have assumed.</p> <p>[Ed. Note. — For other eases, see Master and Servant, Cent. Dig. §§ 550, 654; Dee. Dig. §§ 206, 224.*]</p> <p>2. Master and Servant (§ 224*) — Injury to Servant — Contributory Negligence.</p> <p>When an employs in a railroad car and repair shop, having with an assistant undertaken to laee together the ends of a belt driving the counter shaft from which a lathe operated by him receives its motive power, has finished such lacing and is merely idling with the belt, instead of putting it in its place on the pulley of the main shaft, the employer is not liable for an accident resulting from the “taking” of the belt by the revolving shaft and the entanglement of the employs therein.</p> <p>[Ed. Note. — For other cases, see Master and Servant, Dec. Dig. § 224.*]</p> <p>3. Master and Servant (§ 218*) — Injury to Servant — Assumption oe Risk.</p> <p>An apprentice 19 years old, of more than average intelligence, who has worked for 2 years and 7 months in a railroad car and repair shop, and who has frequently discharged that function, must be held to have assumed the risk incidental to the putting of a light belt on a main and counter shaft while the former is in motion.</p> <p>[Ed. Note. — For other cases, see Master and Servant, Cent. Dig. §§ 601-609; Dec. Dig. § 218.*]</p> <p>(Syllabus by the Court.)</p>