Ovett Land & Lumber Co. v. Adams

Mississippi Supreme Court March 15, 1915

Ovett Land & Lumber Co. v. Adams, 109 Miss. 740 (Miss. 1915)

69 So. 499

Cook

Opinion of the Court

Cook, J.,

delivered the opinion of the court.

As we read the record in this case, the court should have excluded all of the evidence offered by plaintiff, *744and directed a verdict for defendant. The alleged defect in the belt was not the cause of the injury. The “lip” on the belt was harmless, so far as plaintiff was concerned. The master provided a perfectly safe contrivance to operate the machine, and instead of using the safe means provided plaintiff undertook to stop the machine by pressing his foot on a rapidly moving-belt. This act of his was the proximate and sole cause of his injury.

Beversed and cause dismissed.

Reversed.

Reference

Cited By: 4 cases
Status: Published
Syllabus: Master and Servant.. Injury to servant. Contributory 'negligence. Proximate cause. Where the master provided a perfectly safe contrivance to operate its machinery, and instead of using the safe means provided, plaintiff, an employee, undertook to stop the machinery by pressing his foot on a rapidly moving belt. This act of his was the proximate and sole cause of his injury and in such case plaintiff cannot recover.