Lumpkin v. Reiser Machine Shops

Citations

• 120 La. 597
• 45 So. 518
• 1908 La. LEXIS 544

Syllabus

<p>1. Master and Servant — Injury to Servant —Pleading—Cause of Explosion.</p> <p>A petition which, in setting forth the cause of an explosion by which the plaintiff was injured, alleges that an iron casting containing a cavity in which there was some “water, liquid, or other substance” was subjected to great heat without a vent having been provided for the escape of any “steam, gases, or superheated air” that might be generated, is not demurrable as not stating with sufficient certainty what was the nature of the particular liquid or substance by whose presence in the cavity the explosion was caused.</p> <p>2. Appeal — Decision.</p> <p>Where the case has been fully tried, and all the evidence is in the record, Code Prac. art. 905 requires that this court, if it sets aside the judgment rendered below, shall proceed and render such a judgment as should have been there rendered.</p> <p>fEd. Note. — Eor eases in point, see Cent. Dig. vol. 3, Appeal and Error, §§ 4573-4586.]</p> <p>(Syllabus by the Court.)</p>