Carrierre v. McWilliams

Citations

• 104 La. 678

Syllabus

<p>Syllabus.</p> <p>In an action for damages, the evidence showed that the machinery of the defendant company had not been entirely completed. The defendant was pres ent while it was being erected and took part in the work of erecting it. While one of the machines of which he had charge as the assistant of the foreman, was being operated, he failed to exercise the care and prudence which, ordinarily, an operative should observe.</p> <p>Tiaintiff had been employed sufficiently long to know how to adjust a set-screw on the collar of an horizontal shaft and to know the precaution necessary to be taken in returning it to its proper place when it had dropped out. The evidence shows that with ordinary care and prudence he might have escaped injury.</p> <p>One who chooses to perform this duty without applying the clutch or hand lever, who also fails to stop with his work when the substitute for a belt shifter .falls and who holds on to the set-screw after the shaft begins to turn in obedience to the friction of a belt which shifts from a slack to a fast pulley, is not in a situation to render his employer legally liable for the injury received.</p> <p>The employe, who is eighteen years of age, has not, on that account alone, a greater right to recover damages for an injury than one of age. I-Ie was old . enough, and had had experience enough, to judge of the danger for himself.</p>