Harris v. Tremont Lumber Co.

Citations

• 115 La. 974
• 40 So. 374
• 1906 La. LEXIS 444

Syllabus

<p>1.Negligence — Burden of Proóf.</p> <p>In all suits for damages for personal injuries, the burden of proof is on plaintiff to prove by a preponderance of the evidence the facts necessary to show the alleged negligence of the defendant.</p> <p>2. Appeal — Injury to Servant — Defective Appliance — Evidence.</p> <p>Where it is alleged that the negligence consisted in furnishing an insufficient “dolly' run” for the transport of heavy pieces of timber, and that the accident was occasioned by the breaking of one of the planks in the run, and the evidence shows that the “dolly” was successfully operated before and after the accident, and is conflicting as to the breaking of any plank, and does not show that the plank alleged to have been broken was comparatively of inferior size, or was defective or unsound, a judgment in favor of the defendant will not be disturbed on appeal.</p> <p>3. Master and Servant — Assumption of</p> <p>Rises.</p> <p>Where the plaintiff was a carpenter of six years’ experience, and hired himself for constructive mill work, and was injured while operating a “dolly” on a narrow runway, held, that he assumed all the obvious risks, of his employment, and cannot recover without showing affirmatively that the planks used in the runway were either defective or insufficient in dimensions for the uses intended.</p> <p>(Syllabus by the Court.)</p>