McConnell v. Frank E. Block Co.
Court of Appeals of Georgia
Action for damages; from Fulton superior court — Judge Bell. July 15, 1920. Application for certiorari was denied by the Supreme Court. The petition alleged that the plaintiff was employed in the defendant’s candy factory, his particular duty being to operate two machines known as “ cream beaters. ” These machines consisted of two revolving cylinders inside of a box or container which held the candy or cream.
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Action for damages; from Fulton superior court — Judge Bell. July 15, 1920. Application for certiorari was denied by the Supreme Court. The petition alleged that the plaintiff was employed in the defendant’s candy factory, his particular duty being to operate two machines known as “ cream beaters. ” These machines consisted of two revolving cylinders inside of a box or container which held the candy or cream. Each of the cylinders had teeth, which, when the cylinders revolved, would whip or beat the cream into the proper consistency. The top of the machine was open for a space about 9 inches…
1Opinion of the CourtJenkins, P. J.
1. The rule is well settled that where a question as to the sufficiency of the pleadings has been raised by demurrer, and the pleader seeks to conform to an adverse ruling by amending them so as to meet the objection and prevent a dismissal, he will not thereafter be heard to complain that the antecedent ruling to which he has thus submitted was erroneous, or that the amendment was unnecessary. Glover v. Savannah R. Co., 107 Ga. 34(3) (32 S. E. 876) ; Rome R. Co. v. Thompson, 101 Ga. 26 (28 S. E. 429); Hamer v. White, 110 Ga. 300 (34 S. E. 1001) ; Atlantic Coast Line R. Co. v. Hart Lumber…
2Cases cited19 opinions
- Clark v. GansonSupreme Court of Georgia · 1916
- Folsom v. HowellSupreme Court of Georgia · 1894
- Brown v. Rome Machine & Foundry Co.Court of Appeals of Georgia · 1908
- Georgia Railway & Power Co. v. KellySupreme Court of Georgia · 1920
- Glover v. Savannah, Florida & Western Railway Co.Supreme Court of Georgia · 1899
14 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Rivers v. KeySupreme Court of Georgia · 1940
- Jones v. ButlerSupreme Court of Georgia · 1940
- Trust Co. v. MobleyCourt of Appeals of Georgia · 1929
- Vandiver v. Georgia Railway & Power Co.Court of Appeals of Georgia · 1928
- Hill v. Liebman Inc.Court of Appeals of Georgia · 1936
16 more not listed; retrieve them via the Exa API.