Sea Food Co. v. Alves

Citations

• 117 Miss. 1
• 77 So. 857

Syllabus

<p>1. Master and Servant. Injuries to servant. Actions. Evidence.</p> <p>Under the facts in this case, which was a suit hy a servant against his master for injuries sustained by stepping through a hole in defendant’s wharf, the court held, that while plaintiff was not actually engaged in greasing the car for the master (which was the work for which he was employed), at the very moment when he was injured, yet he was in the employment and about the master’s business at a place incident to his work, where he had a right to be as a servant employed to do that particular character of work, when he stepped into the hole and was injured.</p> <p>2. Master and Servant. Injury to servant. Safe place to work. Question for jury.</p> <p>Under the facts as set out in its opinion in this case the court held, that the question as to whether or not the defendant furnished plaintiff a safe place in which to work was a question to be submitted to the jury.</p> <p>3. Master and Servant. Injuries to servant. Admissions.</p> <p>Where, after a servant was injured by stepping through an unguarded hole in his master’s wharf, the master boxed and guarded the hole so as to make it safe to persons and employees who had to walk along and about the tracks on this wharf in the performance of their duties, this was not an admission of negligence, but was to be considered only in determining whether or not the master was guilty of negligence in the first instance in not boxing or guarding the dangerous hole so as to prevent injury to persons employed there who might step into it.</p> <p>4. Negligence. Effect of contributory negligence.</p> <p>The contributory negligence of plaintiff will not defeat his cause of action, if defendant is guilty of negligence, hut should be considered only in diminishment of the damages.</p> <p>5. Master and Servant. Safe place to work. Duty of master.</p> <p>The duty of the master extends to preventing the premises upon which he requires the servant to work from cont