Muscarelli v. Hodge Fence & Lumber Co.

Citations

• 120 La. 335
• 45 So. 268
• 1907 La. LEXIS 651

Syllabus

<p>1.Master and Servant — Personal Injuries —Contributory Negligence.</p> <p>The testimony does not sustain the defendant’s contention that plaintiff negligently exposed himself at the moment of the accident.</p> <p>2. Trial — Instruction to Jury.</p> <p>The defendant had no right to instruction to the jury by the judge on an assumption of facts not sustained by the testimony.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 46, Master and Servant, §§ 420-435.]</p> <p>3. Master and Servant — Employer’s Responsibility.</p> <p>The master must provide a reasonably safe place for the work of his servant.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 34, Master and Servant, §§ 171-179.]</p> <p>4. Same — Defective Construction.</p> <p>The pipe, in view of the construction, waa defective and exposed the workman to injury.</p> <p>5. Same — Employer Liable — Contributory Negligence.</p> <p>Employs not negligent if he does not see danger that is latent.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 34, Master and Servant, §§ 706-722.]</p> <p>6. Same — Evidence—Pathway.</p> <p>The employg followed the usual passageway to the mill.</p> <p>7. Appeal — Damages—Amount.</p> <p>Some weight given to the amount of damages found by the jury.</p> <p>(Syllabus by the Court.)</p>