Walker v. Shreveport Gas, Electric Light & Power Co.

Citations

• 120 La. 68
• 44 So. 925
• 1907 La. LEXIS 607

Syllabus

<p>1. Master and Servant — Injury to Servant.</p> <p>Plaintiff’s son sacrificed his own life while (losing all thought of self) he was seeking to save that of Sherman, a fellow workman. The construction of defendant’s line where the accident occurred was faulty, but the workmen had been provided with appliances which safeguarded them from injury had they been used. Plaintiff’s son and Sherman were familiar with their work and its dangers, and had received proper directions and caution.</p> <p>[Ed. Note. — Eor cases in point, see Cent. Dig. vol. 84, Master and Servant, § 749.)</p> <p>2. Same — Contributory Negligence.</p> <p>The proximate cause of what occurred was the failure of both plaintiffs’ son and Sherman to make use of the safety appliances which had been placed in their hands. Both were chargeable with contributory negligence. The action of plaintiffs’ son was commendable and admirable, but it was rash and imprudent, and defeated an action for damages against defendant company.</p> <p>(Syllabus by the Court.)</p>