Lawrenceville Oil Mill v. Walton
Supreme Court of Georgia
Action for damages. Before Judge Park. Gwinnett superior court. February 14, 1914. J. L. Walton instituted an action for damages against the Lawrenceville Oil Mill, a corporation.
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Action for damages. Before Judge Park. Gwinnett superior court. February 14, 1914. J. L. Walton instituted an action for damages against the Lawrenceville Oil Mill, a corporation. The petition alleged, among other things, the following in substance: The plaintiff, an employee of the defendant at its oil mill, while in the performance of liis duties, was endeavoring, as it was his duty to do at the beginning of his day’s work, “to blow out the boiler.”. He “applied, in the usual ordinary manner, a wrench to the nut” on a valve. Owing to a defect the valve was leaking, and when the wrench was…
1Opinion of the CourtAtkinson, J.
1. As a matter of practice, a motion to dismiss a petition, on the ground that it sets forth no cause of action, may be entertained when presented for the first time at the trial term. Capps v. Edwards, 130 Ga. 146 (60 S. E. 455). Whether such motion should be sustained is another question. From the briefs of counsel for the plaintiff in error, it develops that the grounds relied on for dismissing the action are, that the petition fails to allege that the defendant had knowledge of the defect in the valve from which it is claimed that the injury resulted; and that there is no allegation that…
2Cases cited11 opinions
- Crane v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Johnson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
- Holland v. Durham Coal & Coke Co.Supreme Court of Georgia · 1908
- Chicago, Burlington & Quincy Railroad v. KelloggNebraska Supreme Court · 1898
- Williams v. Garbutt Lumber Co.Supreme Court of Georgia · 1909
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Rountree v. Seaboard Air-Line Railway Co.Court of Appeals of Georgia · 1923
- Alford v. ZeiglerCourt of Appeals of Georgia · 1941
- Nashville, Chattanooga & St. Louis Railway v. HilderbrandCourt of Appeals of Georgia · 1933
- Louisville & Nashville Railroad v. DobbsCourt of Appeals of Georgia · 1928
- Morris v. Charleston & Western Carolina Railway Co.Court of Appeals of Georgia · 1918
2 more not listed; retrieve them via the Exa API.