Taylor v. E. C. Palmer & Co.

Citations

• 121 La. 710
• 46 So. 703
• 1908 La. LEXIS 741

Syllabus

<p>Master and Servant — Injury to Servant-Petition — Safe Place to Work.</p> <p>Plaintiff is appellant from judgment of the district court sustaining an exception of no cause of action and dismissing his suit. The action was one brought by plaintiff against defendant for damages for personal injuries received through the alleged fault and negligence of the defendant, his employer. The court held that on the face of plaintiff’s petition it appeared that plaintiff was guilty of contributory negligence. The court erred. The duty of an employer to furnish a safe place in which his employés shall perform the duties to which he assigns them is not only a primary obligation imposed by law upon him, but it is a continuing duty, fie is called upon to see that this duty is carried out. There is nothing in the petition going to show that “plaintiff knew of the trapdoor through which he fell and of the location of the same in the warehouse.”</p> <p>(Syllabus by the Court.)</p>