Decatur Lumber Co. v. Fulton
Court of Appeals of Georgia
Action for damages; from city court of Bainbridge — Judge Spooner. August 4, 1920. Fulton sued the Decatur Lumber Company' for damages on account of personal injuries, alleging the following facts: The plaintiff was employed in the defendant’s sawmill as a butting-saw operator, and when injured was operating such a saw, “ suspended from rafters or cross-beams in the top of the mill-shed, so that the saw was about the height of an average man’s chest from the ground. ” It “…
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Action for damages; from city court of Bainbridge — Judge Spooner. August 4, 1920. Fulton sued the Decatur Lumber Company' for damages on account of personal injuries, alleging the following facts: The plaintiff was employed in the defendant’s sawmill as a butting-saw operator, and when injured was operating such a saw, “ suspended from rafters or cross-beams in the top of the mill-shed, so that the saw was about the height of an average man’s chest from the ground. ” It “ was suspended in such manner that it would swing from side to side in a semicircular manner, as the pendulum of a clock,…
1Opinion of the CourtJenkins, P. J.
1. “As a general rule, a servant is under no obligation to inspect the appliances about which he works or that part of the plant by which his safety may be affected, for the purpose of discovering concealed dangers which would not be disclosed by superficial observation. ” Southern Cotton Oil Co. v. Dukes, 121 Ga. 787 (2) (49 S. E. 788); Austin v. Appling, 88 Ca. 54, 57 (13 S. E. 955); Cochrell v. Langley Mfg. Co., 5 Ca. App. 317, 320 (63 S. E. 244).
2. “When machinery, though not perfect in all respects, can be and has been used in safety under given circumstances, a servant using such…
2Cases cited12 opinions
- Cedartown Cotton & Export Co. v. MilesCourt of Appeals of Georgia · 1907
- Southern Cotton-Oil Co. v. GladmanCourt of Appeals of Georgia · 1907
- Cochrell v. Langley Manufacturing Co.Court of Appeals of Georgia · 1908
- Southern States Portland Cement Co. v. HelmsCourt of Appeals of Georgia · 1907
- Southern Cotton Oil Co. v. DukesSupreme Court of Georgia · 1905
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3Cited by5 opinions
- Rountree v. Seaboard Air-Line Railway Co.Court of Appeals of Georgia · 1923
- Central of Georgia Railway Co. v. LindseyCourt of Appeals of Georgia · 1922
- Genesco, Inc. v. GreesonCourt of Appeals of Georgia · 1962
- Pappadea v. CliftonCourt of Appeals of Georgia · 1957
- Genesco, Inc. v. GreesonCourt of Appeals of Georgia · 1962