Thurman v. Chess & Wymond Co.
Thurman v. Chess & Wymond Co.
Opinion of the Court
Plaintiff and 23 other employes of defendant, one of whom was the foreman were carrying wooden trusses weighing some 2,000 pounds from the place where these trusses had been put together to the- places they were destined to occupy in a building under construction — a distance of 40 to 70 feet. The truss was carried by means of pieces of scantling which were passed under it and were lifted by a man at each end. Plaintiff says that as he and the other men were carrying one of the trusses they stumbled upon some wooden sawhorses that stood in the way, and that the piece of scantling he was holding up struck him in the abdomen; the blow causing an inguinal hernia.
He does hot produce a single one of the 23 men to corroborate Ms story; whereas the foreman and one of the men testify that
The decided preponderance of the medical testimony goes to further discredit plaintiff’s story. The trial judge dismissed the suit, which is under the Employers’ Liability Statute (Act No. 20 of 1914).
Judgment affirmed.
Reference
- Full Case Name
- THURMAN v. CHESS & WYMOND CO. OF LOUISIANA
- Status
- Published
- Syllabus
- (Syllabus by Editorial Staff.) Master and Servant In an action by an employé who claimed that while he and other employes were carrying a truss by means of pieces of scantling passed under it, they stumbled on wooden sawhorses, and that the piece of scantling he was holding struck him so as to cause a hernia, evidence held to show by a preponderance of the evidence that no such accident happened, and that be was not injured in the way claimed.