Palmer Brick Co. v. Chenall
Supreme Court of Georgia
Action for damages. Before Judge Reid. City court of Atlanta. July 3, 1903. The following is added in connection with the statement of facts in the opinion. Both parties excepted to the following remarks made by the judge in- the hearing of the jury: “I will state at this point what I understand this case to be, under the Supreme Court ruling. The case is based on the proposition that the master sent his servant into an unsafe place to work.
Read the full summary
Action for damages. Before Judge Reid. City court of Atlanta. July 3, 1903. The following is added in connection with the statement of facts in the opinion. Both parties excepted to the following remarks made by the judge in- the hearing of the jury: “I will state at this point what I understand this case to be, under the Supreme Court ruling. The case is based on the proposition that the master sent his servant into an unsafe place to work. If sustained, of course that would make the master liable. Now the question to go to the jury, and it involves, as I understand, your objection on one…
1Opinion of the CourtCobb, J.
This is the second appearance of this case. See Chenall v. Palmer Brick Company, 117 Ga. 106. At the last trial the plaintiff recovered a verdict, and now the defendant complains that the court erred in refusing to grant it a new.trial.
1-4. When the case was here before, there wás a distinct ruling, to the effect that the maxim res ipsa loquitur would be applicable in an action by a servant against a master. While we are aware that this is a proposition upon which the courts are not by any means agreed, and tbe older rulings are generally to the contrary, still there are many decisions by…
2Cases cited11 opinions
- Chenall v. Palmer Brick Co.Supreme Court of Georgia · 1903
- Atlanta Street Railroad v. WalkerSupreme Court of Georgia · 1893
- Georgia Railroad & Banking Co. v. NelmsSupreme Court of Georgia · 1889
- Georgia Railroad & Banking Co. v. OaksSupreme Court of Georgia · 1874
- Atlantic & Birmingham Railroad v. ReynoldsSupreme Court of Georgia · 1903
6 more not listed; retrieve them via the Exa API.
3Cited by66 opinions
- Payne v. Rome Coca-Cola Bottling Co.Court of Appeals of Georgia · 1912
- Chase v. BeardWashington Supreme Court · 1959
- Hudgins v. Coca Cola Bottling Co.Supreme Court of Georgia · 1905
- Doyal v. RussellSupreme Court of Georgia · 1936
- May Department Stores Co. v. BellCourt of Appeals for the Eighth Circuit · 1932
61 more not listed; retrieve them via the Exa API.