Smith v. Rock Island, A. & L. R.

Citations

• 119 La. 537
• 44 So. 290
• 1907 La. LEXIS 521

Syllabus

<p>1. Pleading — Answer—Amendment—Master and Servant — Injuries to Servant.</p> <p>Where an employé sues his employer for ■damages for personal injuries received through the alleged fault or negligence of the latter, the 'latter can, in an amended answer, set up in defense that the plaintiff assumed the risk of the accident which happened, or that it resulted from the fault of a fellow servant, without changing the issue raised by a general denial. Defendant had the right, under the general is■sue, either by direct evidence, or through cross-examination, to bring out all the facts constituting the res gestee of the accident.</p> <p>•2. Master and Servant — Negligence oe Fellow Servant.</p> <p>The fact that one employe receives injuries hy reason of the act of a fellow workman does not necessarily relieve the employer from legal responsibility for the accident.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 34, Master and Servant, § 352.]</p> <p>3. Same — Dangerous Method oe Work.</p> <p>Where an employer adopts a method of doing his work which involves risks and danger greater than the nature of the work calls for, he should take correspondingly appropriate precautions to guard against the increased danger and risks.</p> <p>[Ed. Note. — For eases in point, see Cent. Dig. vol. 34, Master and Servant, §§ 269, 270.]</p> <p>(Syllabus by the Court.)</p>