Payne v. Georgetown Lumber Co.

Citations

• 117 La. 983
• 42 So. 475
• 1906 La. LEXIS 807

Syllabus

<p>^BATEMENn; AND Revival — Action fob Personal Injuries — Death of Plaintiff.</p> <p>Where a plaintiff brought suit for damages for personal injuries, and died unmarried and without issue prior to judgment, leaving a mother and brothers and sisters, the right of action survives in favor of the mother alone under the provisions of article 2315 of the Civil Code.</p> <p>2. Master and Servant — Fellow Servants.</p> <p>EmploySs in a sawmill who are not co-associated in the same work are not fellow servants. Merritt v. Victoria Lumber Co., Ill La. 159, 35 South. 497, reaffirmed.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 34, Master and Servant, § 475.]</p> <p>3. Same — Negligence of Servants — Liability of Master.</p> <p>The master, except in case of fellow servants, is answerable for the damage occasioned by his servants and overseers in the exercise of the functions in which they are employed. Civ. Code, art. 2320.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 34, Master and Servant, §§ 475-479.]</p> <p>4. Same.</p> <p>Where the negligent act of a servant caused injury, it is no defense that the particular injurious consequence was unforeseen, improbable, or not to be reasonably expected, if it was the natural sequence of the act itself.</p> <p>5. Same — Fellow Servant.</p> <p>Even in case of fellow servants, the master is liable when his own negligence contributed to the injury, as where an employs in a sawmill carelessly pitched a shovel, which, rebounding, struck and released an unsafe wooden latch holding the lever which controlled the operation of the carriage.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 34, Master and Servant, §§ 515, 518, 519, 527, 528.]</p> <p>■6. Damages — Personal Injuries.</p> <p>In a suit for personal injuries where the plaintiff has died from other causes, his mother, substituted as plaintiff, is entitled to recover damages for his pain, suffering, and disfigurement, and his pecuniary loss fr