Bradford v. Taylor

Mississippi Supreme Court
Bradford v. Taylor, 85 Miss. 409 (Miss. 1904)
Truly

Bradford v. Taylor

Opinion of the Court

Truly, J.,

delivered the opinion of the court.

The proof upon this trial fully sustained all the material allegations of the declaration, and upon the former appeal herein it was decided that the declaration in the case presented a good cause of action. It is argued that appellee is not entitled to recover because the proof shows that she was an experienced laundress, and is therefore in law presumed to have assumed the risks ordinarily incident to such occupation. As a general *415legal proposition, this is sound,- but it has no application to- the case at bar, for this reason: The testimony, which the jury decided to be true, shows that, while appellee was familiar from previous experience with the general details of laundry work, she was a novice in the operation of machinery, and ignorant and without experience in the use of the particular defective machine by which she was injured, which was by the master negligently permitted to remain in an unsafe and defective condition, and which the appellee had been, by her vice principal, misled into believing to he safe. Risks so arising were not incident to her employment, and she had the right to rely upon the representations of her vice principal. The proof showed that the appellee was injured by the negligence of her vice principal, standing in the relation of master to her. The contention that in the commission of the particular act causing the injury the vice principal was acting in the capacity of a fellow-servant with appellee is not tenable. The injury was caused conjointly by the negligence of the master in leaving off a necessary protective attachment from, the machine by which appellee was injured and by the act of the vice principal in starting the machinery without warning to appellee and distracting her attention so that she was unaware of the peril of her situation. The act of the vice principal in starting the machinery was in no sense the act of a fellow-servant with appellee. The record plainly discloses that the machinery was solely in the charge of the vice principal, and the operation thereof no part of the duty of appellee.

The sixth and seventh instructions for appellee, are erroneous, and ought not, strictly speaking, to have been given under the facts of this case; but inasmuch as the amount of the verdict found by the jury does not exceed, or in fact measure up to, the compensation which appellee was entitled to recover, it is manifest that they did not prejudice the rights of appellant. Wherefore the error is not of sufficient importance to justify the reversal of a cause in which the right result has *416been reached and the damages awarded are by no means excessive.

Affirmed.

Reference

Full Case Name
Sanders Bradford v. Elizabeth Taylor
Cited By
5 cases
Status
Published
Syllabus
1. Master and Servant. Injuries to employe. Assumption of risk. While an experienced employe is presumed in law to have assumed the risk ordinarily incident to the employment, yet one who is familiar with the general details of a business may be shown to be a novice in the operation of the machinery by which the business is carried on, and thereby relieved of the presumption. 2. Same. Vice principal. Fellow-servant. Where a servant was injured by the negligence of a vice principal in leaving a protective attachment off of a machine and in starting the machine without giving the servant warning of danger, the acts causing the injury were not, as a matter of law, performed by the vice principal while acting as a fellow-servant of the injured party. 3. Same. Damages. Erroneous instruction. Error in an instruction informing the jury of their right to award exemplary damages will not compel a reversal of a judgment in plaintiff’s favor for a sum not exceeding fair compensation for the injury suffered.