Hubbard v. Macon Railway & Light Co.
Court of Appeals of Georgia
Action for damages, from city court of Macon — Judge Hodges. June 16, 1908. Hubbard was employed by the street-railway company as assistant engineer, and at the time his cause of action arose he was acting as engineer. His duties related to the operation of 'a stationary engine in the power plant of the defendant company. A part of the machinery was a pump, to which was attached a lubricator. It became Hubbard’s duty to oil it.
Read the full summary
Action for damages, from city court of Macon — Judge Hodges. June 16, 1908. Hubbard was employed by the street-railway company as assistant engineer, and at the time his cause of action arose he was acting as engineer. His duties related to the operation of 'a stationary engine in the power plant of the defendant company. A part of the machinery was a pump, to which was attached a lubricator. It became Hubbard’s duty to oil it. In his petition he alleges, that as he opened the cap, in the ordinary manner, to pour in the oil, steam, water, and hot oil spurted forth, scalding his face and…
1Opinion of the CourtPowell, J.
(After stating the foregoing facts.)
1. The plaintiff contends that this is a case to which section 2321 of the Civil Code, which raises a presumption of negligence against railroad companies when damage is done “by the rufining of the locomotives or cars or other machinery,” is applicable. Considering the origin of the rule, we do not think so. Atlanta Ry. Co. v. Johnson, 120 Ga. 908 (48 S. E. 389); Ga. R. Co. v. Nelms, 83 Ga. 70 (9 S. E. 1049, 20 Am. St. R. 308); Sav. Ry. Co. v. Flaherty, 110 Ga. 335 (35 S. E. 677). Compare and examine on the. common-law rule, of which the Georgia rule is a…
2Cases cited14 opinions
- Smith v. St. Paul City Railway Co.Supreme Court of Minnesota · 1884
- Southern Cotton-Oil Co. v. GladmanCourt of Appeals of Georgia · 1907
- Georgia Railroad & Banking Co. v. NelmsSupreme Court of Georgia · 1889
- Farish & Co. v. ReigleSupreme Court of Virginia · 1854
- Brown v. Rome Machine & Foundry Co.Court of Appeals of Georgia · 1908
9 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Cochrell v. Langley Manufacturing Co.Court of Appeals of Georgia · 1908
- Wood v. Hub Motor CompanyCourt of Appeals of Georgia · 1964
- Rountree v. Seaboard Air-Line Railway Co.Court of Appeals of Georgia · 1923
- Armour & Co. v. MillerCourt of Appeals of Georgia · 1929
- Charleston & Western Carolina Railway Co. v. AttawayCourt of Appeals of Georgia · 1909
20 more not listed; retrieve them via the Exa API.