Smith v. New Orleans Great Northern R.

Citations

• 119 La. 975
• 44 So. 805
• 1907 La. LEXIS 575

Syllabus

<p>Master and Servant — Injury to Servant-Evidence oe Relation.</p> <p>Plaintiff, in an action for the recovery of damages for personal injuries, having alleged employment by defendant and injury sustained through defendant’s negligence while engaged in the discharge of the duties of his employment, and having been met by a general denial, coupled with a special denial that he was employed by defendant when injured, as also a special denial that the apparatus through which he was injured was owned or operated by defendant, held, that the exclusion of -evidence offered to show that plaintiff was not in defendant’s employ when injured, but was in the employ of some one else, and was injured through an apparatus owned and operated by some one else, was error, on account of which the verdict and judgment obtained by plaintiff must be reversed, and the case remanded.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 34, Master and Servant, § 910.]</p> <p>(Syllabus by the Court.)</p>