Newton Oil Mill v. Spencer

Citations

• 116 Miss. 568
• 77 So. 605

Syllabus

<p>1. Trial. Instructions. Matters admitted.</p> <p>Where in a suit by a servant against the master for damages caused by falling through a trap door, the master admitted the dangerous condition of the door and based its defense upon the theory that the servant was cautioned not to get upon it. In such case an instruction for the plaintiff that the door through which plaintiff fell was inherently dangerous did not constitute error.</p> <p>2. Appeal and Error. Harmless error. Instructions. Contributory negligence.</p> <p>In such case an instruction that the master must prove by a preponderance of the evidence that the servant had notice of the dangerous condition of the trap door through which he fell, was not prejudicial to the master’s rights, since such instruction merely told the jury that the burden was upon the defendant as to contributory negligence.</p> <p>3. - Witness. Privileged communications. Physicians.</p> <p>The testimony of a physician who attended plaintiff after his injury was properly excluded on plaintiff’s objection.</p>