12 La. App. 127 | La. Ct. App. | 1929
Plaintiff, a river front laborer, was injured while at work by being run over by an automobile truck owned ■ by defendant and operated by one of its employés within the scope of his employment.
At the time of the injury, plaintiff was manipulating a small hand truck across the roadway which parallels the sheds of the docks on the bank of the river.
Plaintiff claims that he was pushing the hand truck, and defendant’s witnesses contend that he was walking backwards and pulling it. Since it was his right foot which was injured, his counsel claims that he must have been pushing the hand
Defendant’s witnesses state that Williams suddenly backed into the autotruck, and we are convinced that that is what happened.
That his right foot was injured resulted from the fact that that foot was the one which was thrust forward just as the truck passed.
Only a question of fact is involved, and we cannot say that the trial court was manifestly erroneous in its finding that defendant was not liable. On the contrary, the evidence well convinces us that the fault lay entirely with plaintiff himself.
The judgment appealed from is therefore affirmed.