Young v. Smith & Kelly Co.
Supreme Court of Georgia
Action for damages. Before Judge Norwood. City court of Savannah. May 20, 1905. Henry Young brought an action against Smith & Kelly Company, a corporation, for damages alleged to have been sustained by him on account of the negligence of the defendant. The material allegations of the petition were as follows: The foreign owners of a steamship consigned her to J. F. Minis & Company at the port of Savannah, Georgia, to be loaded by them with cotton.
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Action for damages. Before Judge Norwood. City court of Savannah. May 20, 1905. Henry Young brought an action against Smith & Kelly Company, a corporation, for damages alleged to have been sustained by him on account of the negligence of the defendant. The material allegations of the petition were as follows: The foreign owners of a steamship consigned her to J. F. Minis & Company at the port of Savannah, Georgia, to be loaded by them with cotton. Prior to the delivery of the ship to Minis & Company it was delivered to Smith & Kelly Company to be loaded with phosphate rock. The rock was put…
1Opinion of the CourtFish, C. J.
(After stating the facts.) The general rule is well 'established that an independent contractor is not liable for injuries to a third person, occurring after the contractor has completed the work and turned it over to the owner or employer and the same has been accepted by him, though the injury result from the contractor’s failure to properly carry out his contract. 1 Thomp. Neg. §686; Whart. Neg. §4-38 et seq.; 16 Am. & Eng. Enc. Law, 209. There are some modifications of this rule. Among them are cases where the work is a nuisance per se, or where it is turned over by the contractor in a…
2Cases cited3 opinions
- Atlanta & Florida Railroad v. KimberlySupreme Court of Georgia · 1891
- Fulton County St. Railroad v. McConnellSupreme Court of Georgia · 1891
- Ridgeway v. Downing Co.Supreme Court of Georgia · 1900
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- Ulmen v. SchwiegerMontana Supreme Court · 1932
- Moody v. Martin Motor Co.Court of Appeals of Georgia · 1948
- Kuhr Bros., Inc. v. SpahosCourt of Appeals of Georgia · 1954
- Larrabee v. Des Moines Tent & Awning Co.Supreme Court of Iowa · 1920
- Hunt v. Star Photo Finishing Co.Court of Appeals of Georgia · 1967
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