Truly v. North Lumber Co.

Citations

• 83 Miss. 430

Syllabus

<p>1. Master and Servant. Injwries to servant. Obvious dangers. Master's commamd.</p> <p>A master is not liable for injuries received by his servant while performing an act in obedience to his orders, where the attendant danger was so obvious that no prudent man. would have incurred it.</p> <p>Z. Same. Pleading. Facts of case.</p> <p>A declaration charging that a wheel of a lumber push ear was defective and wobbled so as to throw the lumber on the car over its side while in the lumber yard, and that the servant of the lumber company was at the time walking behind the car, inferentially showed that the servant knew of the defect and also of the risk, incident to the situation, of the lumber striking a post near which the car was to pass.</p>