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· 3/15/1918

Ten Mile Lumber Co. v. Garner

Citations

  • 118 Miss. 105
  • 78 So. 66

Syllabus

<p>1. Master and Servant. Injury to servant. Tools and appliances. Wrongful use.</p> <p>Where an employee was injured by a flying splinter while he was attempting to straighten a cant hook by placing it upon an ax and striking it with a steel maul, it is immaterial, so far as the master’s liability is concerned, whether the splinter came from the ax or the maul where both tools at the time of the accident were being used for a purpose for which they were not intended or furnished.</p> <p>2. Same.</p> <p>In such case it was immaterial whether the employee was authorized to carry the tools to the shop for repairs, where he was not directed to use the tools as he did when injured.</p>

Judges: Ethridge

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