Starnes v. Pine Woods Lumber Co.

Citations

• 122 La. 284
• 47 So. 607
• 1908 La. LEXIS 454

Syllabus

<p>1. Master and Servant (§ 125*) — Defective Appliance — Knowledge of Foreman — Effect.</p> <p>A defect in an appliance, known to the assistant foreman, of the employer is known to the employer.</p> <p>[Ed. Note. — For other cases, see Master and Servant, Cent. Dig. § 251; Dec. Dig. § 125.*]</p> <p>2. Master and Servant (§ 278*) — Injury to Servant — Defective Appliances'— Evidence.</p> <p>In an action for injuries to an employé by the breaking of a belt, evidence held, to show that the belt was defective and improperly repaired.</p> <p>[Ed. Note. — For other cases, see Master and Servant, Cent. Dig. § 961; Dec. Dig. § 278.*]</p> <p>3. Master and Servant (§ 21.7*) — Injury to Servant — Assumption oe Risks.</p> <p>An employe, injured in consequence of a defect in an appliance of which he was ignorant, did not assume the risk.</p> <p>[Ed. Note. — Eor other cases, see Master and Servant, Cent. Dig. § 584; Dec. Dig. § 217.*]</p> <p>4. Damages (§ 132*) — Personal Injury — Excessive Damages.</p> <p>A person received a violent blow, knocking him senseless, and tearing a gash in his scalp and a hole large enough to admit a finger, and destroying an eye. He was at the time 18 years old and an unskilled laborer. He was confined to his bed for 21 days and suffered greatly, and at the date of the trial, 18 months thereafter, he was incapable of manual labor, and could not, without dizziness, apply himself to study. Held, that a verdict for $6,000 was not excessive.</p> <p>[Ed. Note. — For other cases, see Damages, Cent. Dig. § 385; Dec. Dig. § 132.*]</p> <p>5. Appeal and Error (§ 1004*) — Questions oe Pact — Amount oe Damages — Personal Injury.</p> <p>The court on appeal is disinclined to interfere with the allowance of juries, unless clearly excessive or inadequate.</p> <p>[Ed. Note. — Por other cases, see Appeal and Error, Cent. Dig. § 3944; Dec. Dig. § 1004.*]</p>