Bradford v. Taylor
Bradford v. Taylor
Opinion of the Court
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
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
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.