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· 6/18/1906

Foreman v. Eagle Rice Mill Co.

Citations

  • 117 La. 227
  • 41 So. 555
  • 1906 La. LEXIS 674

Syllabus

<p>1. Master and Servant — Injury to Servant.</p> <p>The servant may, to some extent, trust to the knowledge and care -of the master.</p> <p>[Ed. Note. — For cases in point, see vol. 34, Cent. Dig. Master and Servant, §§ 547-549, 675-677.]</p> <p>2. Same — Safe Place to Work.</p> <p>The master must provide a safe place for the workman.</p> <p>[Ed. Note. — For cases in point, see vol. 34, Cent. Dig. Master and Servant, §§ 171, 178,</p> <p>3. Same — Protecting Machinery.</p> <p>A_ machine that can easily and cheaply be cased in, and that is dangerous without casing, should be incased. It was a matter of a dollar or two to inclose a dangerous shaft in an exposed place.</p> <p>[Ed. Note. — For cases in- point, see vol. 34, Cent. Dig. Master and Servant, §§ 193, 203,</p> <p>4. Same — Failure to Warn Servant.</p> <p>The servant was employed, and a few hours afterward met with the accident which was the cause of his death. I-Ie had not been warned by the master.</p> <p>[Ed. Note. — For cases in point, see vol. 34, Cent. Dig. Master and Servant, § 314.]</p> <p>5. Same.</p> <p>. The other employes at similar work carried strings tied around their waists necessary in sewing bags. The sewing up of the bags was part of plaintiff’s work.</p> <p>6. Same.</p> <p>The strings were caught by the revolving shaft, and the defendant was hurled against tne wall.</p> <p>7. Same — Evidence.</p> <p>It appearing that the accident might have been avoided by incasing the shaft, the master is held liable.</p> <p>(Syllabus by the Court.)</p>

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  • extending Mascio to moderate limitation in social functioning

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Judges: Breaux

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