Smith v. Southern Railway Co.

1. The court erred in sustaining the general demurrer. .The decision is controlled by the ruling in Bush v. West Yellow Pine Co., 2 Ga. App. 295 (58 S. E. 529). The agreement of the servant to assume the risks incident to his employment, which may ordinarily be implied as one of the stipulations of the contract of employment, may be abrogated by an express or implied contract to the contrary. If the servant states to his master that the performance of a duty in a certain way is likely to be dangerous and to render the place where he is working, unsafe, and thereupon the master assures him…