Schoultz v. Eckardt Mfg. Co.

Citations

• 112 La. 568
• 36 So. 593
• 1904 La. LEXIS 438

Syllabus

<p>MASTER AND SERVANT — INJURY TO SERVANT-PROXIMATE CAUSE — PROTECTION AGAI .ST INJURY-DUTY OP MASTER — RISKS ASSUMED.</p> <p>1. If a break occurs in machinery, and a woi'kman undertakes to mend it, and is injured, the causes which brought about the bieak are only the remote causes of the injury, and juridically are not its causes at all.</p> <p>_ 2. The master is under no obligation to provide a hood or guard for inner and ordinarily inaccessible parts of machinery.</p> <p>3. If there is a safe and an unsafe way of doing a thing, and the servant knows it, or ought to know it, and chooses the unsafe, and is injured, he cannot recover against the master for the injury.</p> <p>4. The master is under no obligation to keep his premises so lighted that all repair work may be done without the necessity of additional light. If such additional light is needed for repair work, and the servant, instead of procuring it, undertakes to do the work without it, and is injured, he cannot recover against the master.</p> <p>(Syllabus by the Court.)</p>