Whitworth v. South Arkansas Lumber Co.

Citations

• 121 La. 894
• 46 So. 912
• 1908 La. LEXIS 769

Syllabus

<p>1. Pleading — Bill of Paetictjlaes.</p> <p>Whenever the defendant is sufficiently apprised of the cause of action, a bill of particulars is not necessary.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 39, Pleading, §§ 949, 954.]</p> <p>On the Merits.</p> <p>2. Master and Servant — Injury to Servant.</p> <p>There was a broken “nick” at or near the outer edge of the coupling, and at this break the shaft was particularly dangerous.</p> <p>The defendant was caught by the fast revolving shaft. He was a workman, and had to stand near the shaft. While revolving, the “nick” in the coupling could not be seen.</p> <p>3. Same — With Owner’s Care.</p> <p>The owner must manage to keep his machinery in order.</p> <p>[lfid. Note. — For cases in point, see Cent. Dig. vol. 34, Master and Servant, § 252.]</p> <p>4. Same — Risk not Assumed.</p> <p>The workman will not be held to have assumed the risk, as the broken “nick” was not such a defect as he must be held to have seen.</p> <p>[Ed. Note. — For eases in point, see Cent. Dig. vol. 34, Master and Servant, §§ 574^600, 610-624.]</p> <p>5. Same — Contributory Negligence.</p> <p>The plea of contributory negligence is not sustained by the testimony.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 34, Master and Servant, §§ 988-996.]</p> <p>C. Same — Injury Traced to Break in Coupling.</p> <p>It devolved upon the master to. furnish appliances in good order. Defendant is liable.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 34, Master and Servant, § 203.]</p> <p>(Syllabus by the Court.)</p>