Fuller v. Tremont Lumber Co.

Citations

• 114 La. 266
• 38 So. 164
• 1905 La. LEXIS 452

Syllabus

<p>INJURY TO E1ÍPLOYÉ — NEGLIGENCE — EELLOW SERVANTS.</p> <p>1. The action is for damages for a tort.</p> <p>2. A log train running at' an unusual rate of speed derailed from the track. On a down grade only part of the brakes worked and could be made to perform the usual functions of a brake.</p> <p>3. The result was a dangerous rate of speed on a down grade.</p> <p>4. While running down the grade, it came to a weak place in the track and derailed. The ties at this place had been made of poor timber; they were weak,, decayed, and did not hold the spikes.</p> <p>5. A railroad company must maintain a safe roadbed, undecayed and sound cross-ties, and see that the rails are in their proper position and level (Rutherford v. R. R. Co., 6 South. 644, 41 La. Ann. 793; McEee v. R. R. Co., 7 South. 720, 42 La. Ann. 790), or else, in case of an accident growing out of its unsafe condition which caused injury, it will be liable.</p> <p>6. Where an injury results from the common negligence of the master and fellow servant, the fellow-servant doctrine does not absolve the master from liability.</p> <p>(Syllabus by the Court.)</p>