Brown v. J. A. Adams & Sons Co.

Citations

• 120 La. 119
• 44 So. 1005
• 1907 La. LEXIS 618

Syllabus

<p>1. MASTER AND SERVANT — INJURIES TO SERVANT — Negligence.</p> <p>There was an accident. Plaintiff charges that it was owing to defendants’ negligence.</p> <p>2. Same — Appliances.</p> <p>The machine was in good order, new, and had all necessary appliances.</p> <p>3. Same — Warning.</p> <p>The young son of plaintiff was temporarily employed as a wheelbarrow boy at the time of the accident. His work required not the least skill. There was no negligence in matter of not warning the employé, for he was not subjected thereby to greater risk. He was performing his work as it had been always performed before and since.</p> <p>4. Same — Protected Machines.</p> <p>The machine was protected and screened as such machines usually are.</p> <p>5. Same — Accident—Negligence.</p> <p>The employé, after the master has done all that reasonably good management and the law require, cannot recover if it was an accident pure and simple.</p> <p>[Ed. Note. — Eor cases in point, see Cent. Dig. vol. 34, Master and Servant, § 163.]</p> <p>6. Same.</p> <p>The employé lost an eye from the blow of a sliver which was hurled from a direction not positively known. If from the fast revolving machine it was entirely out of the ordinary. He was standing at the proper place to do the work assigned' to him for the day. As there was no negligence proven, the cause alleged is not sustained.</p> <p>(Syllabus by the Court.)</p>