Hooks v. New Orleans & N. E. R.

Citations

• 111 Miss. 743
• 72 So. 147

Syllabus

<p>1. Master and Servant. Federal employers liability act. Cause of injury.</p> <p>Where a car, repairer was directed to remedy a defectively loaded lumber ear in this state, which had arrived from another state, and to make the load safe for further transportation into another state and while in the performance of this work the standard broke, and he was crushed by the falling timber, he was not entitled to recover under the Federal Employers Liability Act (Act April 22, 1908, chapter 149, 35 ^tat. 65’, Ü. S. Comp. St., 1913, sections 8657-8665), since the negligent loading was not the cause of his injury.</p> <p>2. Same.</p> <p>In such case if plaintiff had been employed in the work of removing a negligently wrecked car, and while so engaged the car had rolled over him, he could recover on the theory that the negligent operation of the train was the cause of the wreck and that therefore, the negligent operation of the train was the cause of his injury.</p>