Early v. Houser & Houser
Court of Appeals of Georgia
Action for damages; from Dawson superior court — Judge J. B. Jones. August 3, 1931. Early sued for damages on account of personal injuries, making substantially the following allegations: The defendants were the owners of and operated a public ginnery, to which the public was invited to bring cotton to be ginned, and for the ginning of which they charged a stipulated sum as compensation.
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Action for damages; from Dawson superior court — Judge J. B. Jones. August 3, 1931. Early sued for damages on account of personal injuries, making substantially the following allegations: The defendants were the owners of and operated a public ginnery, to which the public was invited to bring cotton to be ginned, and for the ginning of which they charged a stipulated sum as compensation. The gin was generally operated by the defendants, “with the assistance of Jack Williams (sometimes called Jack Bruce) who was an employee of said ” defendants. On the day of the alleged injury the defendants…
1Opinion of the CourtHill, J.
(After stating tlie foregoing facts.) The allegations of the petition show that the plaintiff was a volunteer, and, in undertaking to render a voluntary service to the employee of the defendants who was operating the gin, he did so at his own risk. These allegations, most favorably considered, show that Williams, who was in charge of the gin, was operating it simply as an employee of the defendants, and, as such employee, had no authority to employ assistance. It was insisted that the plaintiff was not merely a volunteer, that he was at the gin in compliance with an invitation of the owners…
2Cases cited5 opinions
- Atlanta & West Point Railroad v. WestSupreme Court of Georgia · 1905
- Rhodes v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1890
- Cooper v. LoweryCourt of Appeals of Georgia · 1908
- Central of Georgia Railway Co. v. MullinsCourt of Appeals of Georgia · 1910
- Southern Railway Co. v. DukeCourt of Appeals of Georgia · 1915
3Cited by14 opinions
- Harper v. DeFreitasCourt of Appeals of Georgia · 1968
- Findley v. LipsitzCourt of Appeals of Georgia · 1962
- Callaham v. CarlsonCourt of Appeals of Georgia · 1951
- Huddle House, Inc. v. BurkeCourt of Appeals of Georgia · 1974
- Hornsby v. Haverty Furniture Co.Court of Appeals of Georgia · 1952
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