Carter v. Fred W. Dubach Lumber Co.
Citations
- 113 La. 239
- 36 So. 952
- 1904 La. LEXIS 642
Syllabus
<p>INJUEY TO SERVANT — WARNING OE DANGER— NEGLIGENCE.</p> <p>1. The servant has a right to assume superior knowledge in his employer, to rely on his judgment, and to believe that he will not unnecessarily jeopardize his person and life by avoidable risk.</p> <p>2. The employer is presumed to know the danger to which the employg will be subjected in the discharge of the duty to which he is assigned, and, if the latter be inexperienced, is' bound to warn him of such danger.</p> <p>(Syllabus by the Court.)</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that ALJ erred because “Plaintiff[’s] scoliosis and Crohn’s disease result[ed] in functional loss that would not be apparent to a lay person”
- remanding where the RFC assessment was ”not tethered to any medical opinions in the record that the ALJ did not reject”
- reversing and remanding the Commissioner’s decision where “[t]he balance of the RFC assessment … [was] not tethered to any medical opinions in the record that the ALJ did not reject”
- “[A]n ALJ may not simply ignore evidence because it is favorable to a claimant.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Monroe
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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