McDaniel v. Acme Brewing Co.
Supreme Court of Georgia
Action for damages. Before Judge Nottingham. City court of Macon. July 3, 1900. The plaintiff alleged that her husband was killed while in the discharge of his duty as an employee of the defendant, by reason of its negligence and without fault on his part; and that he came to his death on account of the improper and unsafe manner in which certain machinery, belts, and shaftings were placed and operated; that they were in a defective condition, and that he had no knowledge of…
Read the full summary
Action for damages. Before Judge Nottingham. City court of Macon. July 3, 1900. The plaintiff alleged that her husband was killed while in the discharge of his duty as an employee of the defendant, by reason of its negligence and without fault on his part; and that he came to his death on account of the improper and unsafe manner in which certain machinery, belts, and shaftings were placed and operated; that they were in a defective condition, and that he had no knowledge of the defects. From the evidence it appears that he was directed by a coemployee, to whose orders he was subject, to go…
1Opinion of the CourtCobb, J.
“ The servant seeking to recover for an injury takes the burden upon himself of establishing negligence on the part of the master, and due care on his own part.” Georgia Railroad Co. *82v. Nelms, 83 Ga. 75; Brush Electric Co. v. Wells, 103 Ga. 515. Applying this principle to the facts of the present case, the .court properly awarded a nonsuit, for the reason that there was no direct evidence from which the jury could find that the plaintiff’s husband, who was a servant of the defendant, was in the exercise of due care at the time of his death; nor was there any proof of circumstances from which…
2Cases cited2 opinions
- Georgia Railroad & Banking Co. v. NelmsSupreme Court of Georgia · 1889
- Brush Electric Light & Power Co. v. WellsSupreme Court of Georgia · 1898
3Cited by12 opinions
- Southern States Portland Cement Co. v. HelmsCourt of Appeals of Georgia · 1907
- Holland v. Durham Coal & Coke Co.Supreme Court of Georgia · 1908
- McDonnell v. Central of Georgia Railway Co.Supreme Court of Georgia · 1903
- Williams v. Atlantic Coast Line RailroadCourt of Appeals of Georgia · 1916
- Vinson v. Willingham Cotton MillsCourt of Appeals of Georgia · 1907
7 more not listed; retrieve them via the Exa API.