Blackwell v. Ramsey-Brisben Stone Co.
Supreme Court of Georgia
Action for damages. Before Judge Beid. City court of Atlanta. November 18, 1905. The proposed amendment to which the foregoing decision refers was offered as an amendment to paragraph 8 of the petition (quoted in the second division of the decision), and was as follows: “That the derrick which was to be used by the defendant for raising stones and other heavy material was being manipulated by one of the servants of the defendants, and the cable or rope which was used for…
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Action for damages. Before Judge Beid. City court of Atlanta. November 18, 1905. The proposed amendment to which the foregoing decision refers was offered as an amendment to paragraph 8 of the petition (quoted in the second division of the decision), and was as follows: “That the derrick which was to be used by the defendant for raising stones and other heavy material was being manipulated by one of the servants of the defendants, and the cable or rope which was used for sustaining the weight of said material was old and greatly worn and out of repair; so much so as to render it unsafe for…
1Opinion of the CourtLumpkin, J.
1. Where a judge sustained a special demurrer to a paragraph of a petition, with leave to the plaintiff to amend it in ten days, if no amendment was offered in that time, the effect of the judgment was to eliminate the objectionable paragraph from the petition; and thereafter the petition stood as if no such paragraph were contained therein.
2. With the stricken paragraph omitted, it was alleged, that the plaintiff was employed by the defendant as a laborer in the erection of a building; that the master was bound to furnish him a safe place to work and reasonably safe appliances to carry on…
2Cited by16 opinions
- Clark v. GansonSupreme Court of Georgia · 1916
- Smith v. BuggCourt of Appeals of Georgia · 1926
- Sutton v. AdamsSupreme Court of Georgia · 1934
- Chambers v. Peacock Construction Co.Court of Appeals of Georgia · 1967
- Wells v. Butler's Builders' Supply Co.Supreme Court of Georgia · 1907
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