Central of Georgia Railway Co. v. Durden
Court of Appeals of Georgia
Action for damages; from city court of Macon — Judge Gunn. April 15, 1921. Application for certiorari was made to the Supreme Court.
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Action for damages; from city court of Macon — Judge Gunn. April 15, 1921. Application for certiorari was made to the Supreme Court. The plaintiff alleged that he was employed by the defendant at its shops in the city of Macon, as a blacksmith, and, together with a negro helper, was engaged in repairing an engine-spring that had been and was to be used on an engine engaged in interstate commerce, and that while he and his helper were so engaged in interstate commerce he sustained a rupture, for which injury he sued. He alleged: that the spring was composed of about twenty leaves, one or more…
1Opinion of the CourtBloodworth, J.
(After stating the foregoing facts.) While the alleged negligence is set out under three heads, the petition shows that the substance of the alleged acts of negligence was that plaintiff’s helper failed to push the machine with his whole strength, and that this resulted in the injury; and we are called upon to decide whether or not the petition set out any actionable negligence on the part of the defendant.
This case was brought under the Federal employer’s liability act of 1908, amended April 5, 1910 (8 IT. S. Comp. St. Ann., § 8657), and under this act the plaintiff does not assume the risk…
2Cases cited9 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Worlds v. Georgia RailroadSupreme Court of Georgia · 1896
- Freeman v. Savannah Electric Co.Supreme Court of Georgia · 1908
- Ayers v. Louisville & Nashville RailroadCourt of Appeals of Georgia · 1909
- Lehigh Valley R. v. ScanlonCourt of Appeals for the Second Circuit · 1919
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