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· 10/29/1906

Lambert v. Troy Laundry Co.

Citations

  • 118 La. 48
  • 42 So. 642
  • 1906 La. LEXIS 831

Syllabus

<p>1. Master and Servant — Injury to Servant-Condition oe Machine.</p> <p>In this suit for damages, the machinery was in good order. The mangle, an ironing machine, at which plaintiff was at work when she was injured, was new.</p> <p>2. Same.</p> <p>The machinery did not wabble. It rested on a heavy, solid foundation, and had all the appliances necessary. It was a high-priced machine, one of the best in the market.</p> <p>3. Same — Notice of Danger — Warning.</p> <p>Its fender roller, made for the-purpose and properly adjusted, was in itself a warning. Besides, there was some notice given by the foreman.</p> <p>4. Same — Evidence—No Defect Shown or Fault Committed.</p> <p>Where machinery is of an approved make, in good condition, runs satisfactorily, and notice is given of danger, liability for personal injury cannot be found. Damages will only be assessed if it be shown that there was defect in the machinery or somebody at fault.</p> <p>Under the facts and circumstances of this case, defendant cannot be held liable.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig', vol. 34, Master and Servant, § 550.]</p> <p>(Syllabus by the Court.)</p>

Judges: Breaux

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