Eigenbrod v. Cumberland Telephone & Telegraph Co.

Citations

• 121 La. 228
• 46 So. 219
• 1908 La. LEXIS 663

Syllabus

<p>Master and Servant — Injury to Employé— Negligence.</p> <p>A foreman and three workmen _ were sent to transfer telephone wires from a line of condemned posts to a parallel line of new posts. The workman to whom was assigned the work of climbing the old posts for detaching the wires was duly instructed by the foreman not to climb any post without having first examined it to ascertain whether it was not rotten and unsafe to be climbed. This workman was an experienced workman, and as competent as any one to make the inspection of the post. He went up a rotten post, which fell with him and killed him. The most casual inspection would have revealed the condition of the post. In a suit in damages against the telephone company for his death, held, that the company was not guilty of any negligence, and therefore is not liable.</p> <p>[Ed, Note. — Eor cases in point, see Cent. Dig. vol. 34, Master and Servant, §§ 954-977.]</p> <p>(Syllabus by the Court.)</p>