Legal Opinion

Davis v. Savannah Lumber Co.

Court of Appeals of Georgia

Decided October 2, 1912No. 3852, 3853PublishedCited by 15 opinions

Action for damages; from city court of Savannah — Judge Davis Freeman. November 19, 1911.

1Opinion of the CourtRussell, J.

1. The court ex-red in ordering a nonsuit. Though the evidence justifies the conclusion that the plaintiff intended to volunteer his services for the purpose of throwing off a belt and stopping the saw which burst and injured, him, still it is uneontradicted that his attempt to intervene was futile, and that the bui-sting of the saw was not due to nor in anywise affected by his act. It burst without his interfering with it in any way, and before he had time to reach the lever with which he intended to throw off the belt. To constitute one a volunteer he must do some act, and not merely intend…

2Cases cited1 opinion

  1. Allen v. HixsonSupreme Court of Georgia · 1900

3Cited by15 opinions

  1. McPherson v. Capuano & Co.Court of Appeals of Georgia · 1923
  2. Queen v. Patent Scaffolding Co.Court of Appeals of Georgia · 1933
  3. Henshaw v. BelyeaCalifornia Supreme Court · 1934
  4. Georgia Railway & Power Co. v. SimmsCourt of Appeals of Georgia · 1925
  5. Criswell Baking Co. v. MilliganCourt of Appeals of Georgia · 1948

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