Hunter v. Ingram-Day Lumber Co.

Citations

• 110 Miss. 744
• 70 So. 901

Syllabus

<p>1. Master and Servant. Fellow servant.. Statute. Railroad. Injury to employee. Neglect of fellow servant. Abrogation of doctrine.</p> <p>A railroad equipped with cars propelled by steam and run on tracks including a “skidder” operated by steam, to draw logs to-the cars by means of a cable, and a “ladder,” which was operated by steam, and to load the logs on the -cars, is such a railroad as is contemplated by Laws 1908, chapter 195, section 1, which provides that “every employee of a railroad corporation, and all other .corporations and individuals, • using engines, locomotives or cars of any kind or description whatsoever propelled by the dangerous agencies of steam, electricity, gas, gasoline, or lever power and running on tracks, shall have the same rights, and remedies for any injury suffered by him from the act or omission of such railroad corporation or others or their employees as are allowed by law to other persons not employed.</p> <p>2. Master and Servant. Injury to employee. Negligence of fellow ser vant.</p> <p>Where plaintiff an employee of a lumber company was injured while employed in loading one of its cars by means of a steam “loader” by reason of the failure of a fellow servant who was engaged in operating a steam “skidder” to give the usual warning signal, he was within the protection of Laws- 1908, chapter 194, section 1, and may recover for injuries sustained by reason of the negligence of a fellow servant.</p>