Duke v. Bibb Manufacturing Co.
Supreme Court of Georgia
Action for damages. Before Judge Roan. Newton superior court. September 24, 1903. Duke sued the Bibb Manufacturing Company, alleging, that he was employed by the defendant in its mill; that the machine at which he was working had attached to it a handle, to be moved to throw off the belt running the machine; that the company attached to this handle a cotton cord, four feet long, and ordered him to use the cord, instead of the handle, to throw off the belt; that while in the…
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Action for damages. Before Judge Roan. Newton superior court. September 24, 1903. Duke sued the Bibb Manufacturing Company, alleging, that he was employed by the defendant in its mill; that the machine at which he was working had attached to it a handle, to be moved to throw off the belt running the machine; that the company attached to this handle a cotton cord, four feet long, and ordered him to use the cord, instead of the handle, to throw off the belt; that while in the line of his duty and using this cord to throw off the belt, the same came loose from the machine to which it was…
1Opinion of the CourtLamar, J.
(After stating the foregoing facts.) The plaintiff was at work on one side of a machine. The cord was fastened to the other. An inspection would have disclosed its insecure condition, and that it was liable to get caught in the shaft. But it appeared that he had not examined and did not know of its condition. There is in the evidence nothing which shows that it was his duty to inspect, or that in the course of his employment he was required to be on that side,of the machine where the cord was tied, and where he could have seen that it was unsafe. The plaintiff- proved his case as laid,…
2Cases cited2 opinions
- Evans v. MillsSupreme Court of Georgia · 1904
- Central Railroad v. HaslettSupreme Court of Georgia · 1884
3Cited by14 opinions
- Clark v. BandySupreme Court of Georgia · 1943
- Southern Cotton-Oil Co. v. GladmanCourt of Appeals of Georgia · 1907
- Southern Cotton Oil Co. v. DukesSupreme Court of Georgia · 1905
- Hubbard v. Macon Railway & Light Co.Court of Appeals of Georgia · 1908
- Rountree v. Seaboard Air-Line Railway Co.Court of Appeals of Georgia · 1923
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