Bradford v. Taylor

Citations

• 85 Miss. 409

Syllabus

<p>1. Master and Servant. Injuries to employe. Assumption of risk.</p> <p>While an experienced employe is presumed in law to have assumed the risk ordinarily incident to the employment, yet one who is familiar with the general details of a business may be shown to be a novice in the operation of the machinery by which the business is carried on, and thereby relieved of the presumption.</p> <p>2. Same. Vice principal. Fellow-servant.</p> <p>Where a servant was injured by the negligence of a vice principal in leaving a protective attachment off of a machine and in starting the machine without giving the servant warning of danger, the acts causing the injury were not, as a matter of law, performed by the vice principal while acting as a fellow-servant of the injured party.</p> <p>3. Same. Damages. Erroneous instruction.</p> <p>Error in an instruction informing the jury of their right to award exemplary damages will not compel a reversal of a judgment in plaintiff’s favor for a sum not exceeding fair compensation for the injury suffered.</p>