Worlds v. Georgia Railroad
Supreme Court of Georgia
Action for damages. Before Judge Eve. City court of Richmond, county. August team, 1895. The petition .alleged, that plaintiff was employed by defendant as a yard train-hand, his duties being to couple cars and do general work .about the yard. A coal car became derailed, .and plaintiff with othea-s was ordea*ed by the yardmasber, Tuggle, to carry cross-ties which were about 100 yards off, for the purpose of putting the car back on the track.
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Action for damages. Before Judge Eve. City court of Richmond, county. August team, 1895. The petition .alleged, that plaintiff was employed by defendant as a yard train-hand, his duties being to couple cars and do general work .about the yard. A coal car became derailed, .and plaintiff with othea-s was ordea*ed by the yardmasber, Tuggle, to carry cross-ties which were about 100 yards off, for the purpose of putting the car back on the track. Plaintiff was required by Tuggle, under whose instructions he worked, to carry the ties without any assistance. He complained 'that the ties were too…
1Opinion of the CourtAtkinson, J.
1. When one enter® the service of another, he impliedly assumes the usual and ordinary risks incident to the employment about which he is engaged, and in discharging the duties which he has undertaken to perform, he is bound to take notice of the ordinary and familiar laws of nature applicable to the subject to which his employment relates; and if he fails to do this, and in consequence is injured, the injury is attributable to the risks of the employment, and the master is not liable.
2. Where an employee of a railroad company, in the discharge of his duties, is directed to lift and carry an…
2Cited by40 opinions
- Brown v. Rome Machine & Foundry Co.Court of Appeals of Georgia · 1908
- Haviland v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1903
- Stenvog v. Minnesota Transfer Railway Co.Supreme Court of Minnesota · 1909
- International Cotton Mills v. WebbCourt of Appeals of Georgia · 1918
- Fricks v. Knox CorporationCourt of Appeals of Georgia · 1951
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