Meyers v. Ruddock Orleans Cypress Co.

Citations

• 118 La. 805
• 43 So. 448
• 1907 La. LEXIS 813

Syllabus

<p>1. Master and Servant — Injury to Servant-Tool.</p> <p>The implement used was a Verona lever jack. It was not out of order. It was in charge of the superintendent, who was not shown to have been negligent or imprudent.</p> <p>2. Same — Raising a Locomotive.</p> <p>Similar instruments are used for lifting large bodies., The toe of the lever jack had hold of the piece' of timber. It broke through the woody fiber, and the piece of timber fell on plaintiff’s fingers, mashing two and wounding the other two fingers of the left hand.</p> <p>3. Same — Failure to Crib Locomotive.</p> <p>The locomotive, as raised, should have been made to rest on cribbing, following it up as it was raised by the lever jack. This does not appear to have been done, and in consequence the buffer of the locomotive fell about eight inches and struck plaintiff’s hand. Plaintiff was a machinist helper, and had some experience in such work.</p> <p>4. Same — Evidence Insufficient Upon Wmcn to Predicate a Judgment.</p> <p>The immediate cause of the accident was not shown, nor how the plaintiff was handling the blocks -he was holding.</p> <p>(Syllabus by the Court.)</p>