Hooks v. New Orleans & N. E. R.

Mississippi Supreme Court
Hooks v. New Orleans & N. E. R., 111 Miss. 743 (Miss. 1916)
72 So. 147
Cook

Hooks v. New Orleans & N. E. R.

Opinion of the Court

Cook, P. J.,

delivered the opinion of the court.

The assignments of error in this case are all based on a mistaken assumption of facts. The deceased was employed to remedy a defectively loaded car — not to unload the car. He knew the conditions and dangers incident to the employment. The negligent loading of the car, if such was the case, was the thing he was engaged in correcting. The negligent loading was not the cause of the injury, hut it was the cause of his employment. He was ordered to readjust the dangerous load and make it safe, and in the performance of this work he was injured. In other words, he undertook to repair the negligence of some other employee, and in doing so the logs rolled off and crushed him. If he had been engaged in the work of removing a negligently wrecked ear, and while so engaged the car had rolled over him, he could recover on the theory that the negligent operation of the train was the cause of the wreck, and that therefore the negligent operation of the train was the cause of his injury. Just so here.

Affirmed.

Reference

Full Case Name
Hooks v. New Orleans & N. E. R. Co.
Cited By
1 case
Status
Published
Syllabus
1. Master and Servant. Federal employers liability act. Cause of injury. Where a car, repairer was directed to remedy a defectively loaded lumber ear in this state, which had arrived from another state, and to make the load safe for further transportation into another state and while in the performance of this work the standard broke, and he was crushed by the falling timber, he was not entitled to recover under the Federal Employers Liability Act (Act April 22, 1908, chapter 149, 35 ^tat. 65’, Ü. S. Comp. St., 1913, sections 8657-8665), since the negligent loading was not the cause of his injury. 2. Same. In such case if plaintiff had been employed in the work of removing a negligently wrecked car, and while so engaged the car had rolled over him, he could recover on the theory that the negligent operation of the train was the cause of the wreck and that therefore, the negligent operation of the train was the cause of his injury.