Capital City Oil Works v. Black

Citations

• 70 Miss. 8

Syllabus

<p>1. Master and Servant. Injury to servant. Contributory negligence.</p> <p>A servant who fails to use ordinary care in looking out for danger, and, as a consequence, is injured while in the discharge of a hazardous duty, cannot recover therefor on the ground that the master failed to use means to prevent the inj ury.</p> <p>2. Sasib. Alleged negligence of master. Case.</p> <p>The president of an oil company ordered out a loaded car, and as it rolled down the side-track he called to several employes present to know if any of them could couple it, when plaintiff, one of the laborers, who had some experience in handling cars, ran ahead of the car to couple it to another, the president urging him on, and at the same time directing another employe, a boy, to put on the brake, which, however, was not done. Plaintiff supposed the speed of the car would be controlled, and did not look back. It ran with force against the other car just as he reached it, injuring his hand. Held, that, as he might have seen the danger of the undertaking by looking, he could liot recover for the injury.</p>