Brinkman v. St. Landry Cotton Oil Co.

Citations

• 118 La. 835
• 43 So. 458
• 1907 La. LEXIS 817

Syllabus

<p>Master and Servant — Injury to Minor-Proximate Cause — Damages.</p> <p>This suit is one brought by a father for damages for personal injuries received by his minor son through the alleged negligence of the defendant corporation, and for reimbursement for damages to himself arising from the fact of such injury. The trial court held that the fault and imprudence of the boy was the proximate cause of the injury, and rejected both claims. It did not discuss the question of fault and negligence on the part of the defendant. The Supreme Court does not concur in the conclusions reached by the trial judge, deciding after an examination of the evidence that he ascribed to the injured boy a knowledge of the situation and position of the working machinery at the place of the accident and of its method of operation and a familiarity with the surroundings of the place greater than he justly could be presumed to have had, in view of his connection and relations with the mill property. It holds that fault and imprudence of the boy was not the proximate cause of the injury, but for reasons assigned that that cause was fault and negligence on the part.of the defendant company. It also holds that the father was entitled to be paid for his own loss of time resulting from the accident and for his expenditures for his son made necessary by the accident, but not for the mental pain and sorrow which he himself suffered on account of the injury to his son.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 15, Damages, §§ 255-259.]</p> <p>(Syllabus by the Court.)</p>