Fountain v. J. J. Newman Lumber Co.

Citations

• 117 Miss. 282
• 78 So. 157

Syllabus

<p>Master and Servant. • Safe place to work. Negligence. Question for jury. (</p> <p>Under the facts in this case, which was a suit by an employee against his master for injury claimed to have been caused by the negligence of the master in overloading a two-wheel dolly with lumber and supporting the ends with 1x4 pine scantling, the negligence charged being: First, the selection of a weak and improper standard insufficient in size and strength to hold the lumber in place; and second, in having the dolly overloaded with heavy lumber. A peremptory instruction for the defendant should not have been given, since if it be true as testified by plaintiff, that th.e standards used to hold the lumber in place were insufficient in strength, and if, as he testified, there was further available material which would make the standard safe and if the dolly was overloaded to the extent of making it dangerous as testified by plaintiff. In such case these were questions which should have been submitted to the jury under proper instructions.</p>