Legal Opinion

Southern Cotton Oil Co. v. Shields

Court of Appeals of Georgia

Decided July 23, 1917No. 8058PublishedCited by 1 opinion

Action for damages; from Warren superior court—Judge Walker. August 1, 1916.

1Opinion of the Court

Wade, O. J.

1. There was no error in overruling the general and special demurrers to the plaintiff’s petition.

2. Though the plaintiff’s petition predicated the right of the servant to ' recover upon certain alleged defects in machinery, and upon the alleged failure of the master to furnish a safe place to work, not only did the defendant’s plea interpose as a distinct and complete defense the contention that the injury occurred solely through the negligence of a fellow servant, but there was some evidence adduced which must reasonably be interpreted as tending to support such an inference. The…

2Cases cited4 opinions

  1. Kilgo v. Rome Soil Pipe Manufacturing Co.Court of Appeals of Georgia · 1915
  2. Dwan v. Great Eastern Lumber Co.Court of Appeals of Georgia · 1914
  3. Winn v. Fulton Bag & Cotton MillsCourt of Appeals of Georgia · 1914
  4. Studevant v. Blue Springs Lumber Co.Court of Appeals of Georgia · 1915

3Cited by1 opinion

  1. Southern Cotton Oil Co. v. ShieldsCourt of Appeals of Georgia · 1919

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