Butler v. Atlanta Buggy Co.
Court of Appeals of Georgia
Action for damages; from city court of Atlanta — Judge Eeid. Butler sued the Atlanta Buggy Company for damages on account of personal injuries. The court overruled a demurrer to the petition, and, after the introduction of testimony for the plaintiff, granted a nonsuit; and the latter judgment is here for review.
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Action for damages; from city court of Atlanta — Judge Eeid. Butler sued the Atlanta Buggy Company for damages on account of personal injuries. The court overruled a demurrer to the petition, and, after the introduction of testimony for the plaintiff, granted a nonsuit; and the latter judgment is here for review. The allegations of the petition are in substance as follows: Butler was an employee of the defendant as a woodworker, and had been so employed for over two years, and while he was at work endeavoring to saw a piece of wood with a rip or buzz saw furnished him by the defendant for…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.) The evidence, even when considered most favorably for the plaintiff, fails to show that he successfully carried the burden which the law imposed upon liim. It was incumbent upon him to prove, not only that the defendant was guilty of negligence as alleged in the petition, but that he himself was free from fault. The evidence leaves it doubtful whether the plaintiff’s injuries resulted in fact from the defective condition of the saw as described. His fellow servant, who testified as to the condition of the saw, said that “it was in about a's good condition…
2Cases cited11 opinions
- Worlds v. Georgia RailroadSupreme Court of Georgia · 1896
- Brown v. Rome Machine & Foundry Co.Court of Appeals of Georgia · 1908
- Ingram v. Hilton & Dodge Lumber Co.Supreme Court of Georgia · 1899
- Hendrix v. Vale Royal Manufacturing Co.Supreme Court of Georgia · 1910
- White v. Kennon & Co.Supreme Court of Georgia · 1889
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Wing v. Savannah Guano Co.Court of Appeals of Georgia · 1916
- Green v. Brinson Railway Co.Court of Appeals of Georgia · 1915
- Meritas Mills v. WayCourt of Appeals of Georgia · 1919
- Nichols v. Atlantic Ice & Coal Corp.Court of Appeals of Georgia · 1921
- Williams v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1919