Ingham v. John B. Honor Co.

Citations

• 113 La. 1040
• 37 So. 963
• 1905 La. LEXIS 805

Syllabus

<p>INJURY TO EMPLOYÉ — DANGEROUS APPLIANCES -ASSUMPTION OP RISK — FELLOW SERVANTS.</p> <p>1. Damages for personal injury was plaintiff’s demand.</p> <p>There was a want of needful supervision and control on the part of the agent of the master.</p> <p>The appliance erected for the work was not sufficiently strong, owing to the defect in one of the main supports. The plank used should not have been used, and would not have been used if the agent had not yielded to the assurance of solidity by the men by whom the stage was erected. It was the duty of the agent to satisfy himself in regard to the strength of this staging, and not to trust others against his better judgment. The stage was improperly constructed. The cause of its breaking was the use of a plank — the main support — in which there was a large knot.</p> <p>2. The danger was not apparent, and therefore the workman injured did not assume the risk of the employment.</p> <p>3. The laborer working in discharging the vessel is not the fellow workman of the one who has charge of the laborers, and who is to see to the unloading of the ship.</p> <p>(Syllabus by the Court.}</p>