East Tenn., Va. & Ga. Railway Co. v. Perkins
Supreme Court of Georgia
Charge of court. Verdict. Negligence. Master and servant. Before Judge Marshall J. Clarke. Eulton superior court. September term, 1890. Perkins sued for damages, alleging as follows': He was employed by the defendant railway company in its shops as a machinist, and in the discharge of his duty endeavored to insert a set-screw in an eccentric. The hole was not properly tapped out, and as a consequence the screw would not go in correctly.
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Charge of court. Verdict. Negligence. Master and servant. Before Judge Marshall J. Clarke. Eulton superior court. September term, 1890. Perkins sued for damages, alleging as follows': He was employed by the defendant railway company in its shops as a machinist, and in the discharge of his duty endeavored to insert a set-screw in an eccentric. The hole was not properly tapped out, and as a consequence the screw would not go in correctly. It was impossible for him to detect this defect in the hole until he inserted the'screw, as it was very small. As soon as he found that the screw would not go…
1Opinion of the Court
Lumpkin, Justice.
1-2. Plaintiff in error made to the court below several written requests to charge the jury, many of which were legal, and some of which were not. The general charge was a correct presentation of the law applicable, and covered not only the above mentioned requests in so far as they were legal, but also all substantial .questions involved in the case. This is all a charge should be required to do.
3. The facts adduced upon the trial appear in the reporter’s statement, and show, we think, that the verdict should have been in favor of the defendant. It was not foreseen that any…
2Cited by3 opinions
- Williams v. Garbutt Lumber Co.Supreme Court of Georgia · 1909
- Evans v. ElderSupreme Court of Georgia · 1964
- Fisher v. Georgia Northern Railway Co.Court of Appeals of Georgia · 1926