Mathews v. Kerlin

Citations

• 122 La. 606
• 48 So. 123
• 1908 La. LEXIS 502

Syllabus

<p>1. Master and Servant (§ 137*) — Injury to . Servant — Negligence oe Master.</p> <p>The master is negligent when, through ignorance or indifference, he adopts an improper and unsafe mode of operating belts in his factory.</p> <p>[Ed. Note. — Eor other cases, see Master and Servant, Cent. Dig. § 273; Dec. Dig. § 137.*]</p> <p>2. Master and Servant (§ 89*) — When Relation Exists — Volunteer.</p> <p>A servant, hired by the day to perform certain work in a factory, was instructed by the foreman to look after the belts which operated the machine at or near which the servant was working, and while so doing was injured by the breaking of the belts. Reid, that the servant was not a volunteer doing work beyond the scope of his employment.</p> <p>[Ed.' Note. — Eor other cases, see Master and Servant, Cent. Dig. § 163; Dec. Dig. § 89.*]</p> <p>3. Master and Servant (§ 233*) — Injury to Servant-Contributory Negligence.</p> <p>Where in such a case the danger of the breaking of the belts was not apparent, and they were handled in the customary manner by the servant, there was no contributory negligence on his part, and the doctrine of the assumption of risk has no application.</p> <p>[Ed. Note. — Eor other cases, see Master and Servant, Dec. Dig. § 233.*]</p> <p>(Syllabus by the Court.)</p>