Mississippi Supreme Court, 1915

Ovett Land & Lumber Co. v. Adams

Mississippi Supreme Court · Decided March 15, 1915 · Cook

109 Miss. 740; 69 So. 499

Cases that cite this one

3 later published cases cite this decision.

Long v. WOOLLARD, & FARMERS ELEVATOR, INC. F (Miss. 1964)
Goodyear Yellow Pine Co. v. Clark (Miss. 1932)
Stokes v. Adams-Newell Lumber Co. (Miss. 1928)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.