May & Co. v. Smith
Supreme Court of Georgia
Action for damages. Before Judge Marshall J. Clarke. Fulton superior court. March term, 1892. Smith by next friend sued for injuries received by him while in defendants’ employment, in raking shavings from under a planing-machine at which he was at work. He obtained a verdict for $750, and defendants’ motion for a new trial was overruled.
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Action for damages. Before Judge Marshall J. Clarke. Fulton superior court. March term, 1892. Smith by next friend sued for injuries received by him while in defendants’ employment, in raking shavings from under a planing-machine at which he was at work. He obtained a verdict for $750, and defendants’ motion for a new trial was overruled. The motion alleges, that the verdict is contrary to law and evidence, and that the court erred in giving certain instructions to the jury, the nature of which is to be found in the following extract from the charge: “ The general rule is, that where one…
1Opinion of the Court
Bleckley, Chief Justice.
1. There was evidence from which the jury could infer that the machine by which the plaintiff below was injured was dangerous to an inexperienced person, and that the danger was not sufficiently obvious to be apparent to such a person without proper explanation and warning. That the plaintiff was not a child but was seventeen years of age, would not deprive him of the right to be warned, if, as a question of fact, the employers, or the man representing them, ought, under all the circumstances, to have inquired of him as to his expe*97rience, or taken notice of the…
2Cases cited12 opinions
- Coombs v. New Bedford Cordage Co.Massachusetts Supreme Judicial Court · 1869
- Jones v. Florence Mining Co.Wisconsin Supreme Court · 1886
- Wheeler v. Wason Manufacturing Co.Massachusetts Supreme Judicial Court · 1883
- Baxter v. RobertsCalifornia Supreme Court · 1872
- Perry v. MarshSupreme Court of Alabama · 1854
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3Cited by6 opinions
- Ewing v. Lanark Fuel Co.West Virginia Supreme Court · 1909
- Babcock Bros. Lumber Co. v. JohnsonSupreme Court of Georgia · 1904
- Fleming v. Northern Tissue Paper MillWisconsin Supreme Court · 1908
- Fletcher Bros. v. HydeIndiana Court of Appeals · 1905
- McIntyre v. Empire Printing Co.Supreme Court of Georgia · 1898
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