Maitrejean v. New Orleans Ry. & Light Co.

Citations

• 120 La. 1056
• 46 So. 21
• 1908 La. LEXIS 609

Syllabus

<p>1. Masteb and Servant — Duties and Powers oe Employes.</p> <p>Where the foreman of a force of men in the employ of an electric light and power company assigns to two designated and experienced linemen the duty of attaching a guy wire to a particular telegraph pole, they have no right or authority to substitute another person in lieu of themselves to perform this work, especially an apprentice lineman who is under the tutelage of. the company, and under the orders and direction of the foreman. As they had no right and authority to impose the performance of the work on the apprentice, still less could they transfer the doing of the work as a privilege.</p> <p>2. Same — Apprentice—Assumption of Risk.</p> <p>An apprentice lineman occupies relations of a special character in respect to the company which employs him, just as the company occupies a special position touching its rights and obligations to the apprentice. The company recognizes that the apprentice is' under its tutelage and entitled to its special protection, and is not justified and warranted in placing him by its orders in places of danger. On the other hand, the apprentice is not at liberty to select for himself the particular work he is to do, nor the time, place, and manner of executing it. He can only do this under the orders and direction of the employer. If he does otherwise, he does so on his own responsibility and at his own risk. It is not for him to determine whether work of a particular kind is dangerous or subject to possible risks and to act on his own judgment.</p> <p>[Ed. Note. — Eor cases in point, see Cent. Dig. vol. 34, Master and Servant, §§ 153-156.]</p> <p>3. Same — Conteibutoey Negligence.</p> <p>While the climbing of poles and the handling of wires may be within the scope of an apprentice lineman’s employment, he is not in the discharge of his duties as an employe when he undertakes to do work of that kind which he had not been directed to do. The carrying up by Maitrejean of the e