Banks v. Schofield's Sons Co.
Supreme Court of Georgia
Action for damages. Before Judge Hodges. City court of Macon. December 23, 1905. Jim Banks sued tbe J. S. Scboñeld’s Sons Company, a corporation, for damages alleged to have been sustained by him by reason •of personal injuries received while in the employment of the defendant, which were 'alleged to be due to its negligence. The defendant demurred to the petition, on the ground that it set forth no cause of action. The demurrer was sustained, and the plaintiff '•excepted.
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Action for damages. Before Judge Hodges. City court of Macon. December 23, 1905. Jim Banks sued tbe J. S. Scboñeld’s Sons Company, a corporation, for damages alleged to have been sustained by him by reason •of personal injuries received while in the employment of the defendant, which were 'alleged to be due to its negligence. The defendant demurred to the petition, on the ground that it set forth no cause of action. The demurrer was sustained, and the plaintiff '•excepted. Leaving out the allegations intended to show the extent of the plaintiff’s injuries and the amount of his damages, the…
1Opinion of the CourtFish, C. J.
(After stating the facts.) We have stated the substance of the averments of the petition, and from them it will be seen that, notwithstanding some allegations which tend somewhat "to indicate a purpose on the part of the pleader to seek a recovery *669upon the ground that the work, unknown to the plaintiff,- was extraordinarily hazardous, and the defendant failed to warn him of the dangers incident thereto, the real gist of the petition is, that-the defendant furnished the plaintiff, its servant, with a defective and dangerous chisel with which to do the work required of him, by the use of which…
2Cases cited7 opinions
- Crown Cotton Mills v. McNallySupreme Court of Georgia · 1905
- Baker v. Western & Atlantic RailroadSupreme Court of Georgia · 1882
- Western & Atlantic Railroad v. BradfordSupreme Court of Georgia · 1901
- Commercial Guano Co. v. NeatherSupreme Court of Georgia · 1901
- Manchester Manufacturing Co. v. PolkSupreme Court of Georgia · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Doyal v. RussellSupreme Court of Georgia · 1936
- Misenhamer v. PharrCourt of Appeals of Georgia · 1959
- Holman v. American Automobile Insurance CompanySupreme Court of Georgia · 1946
- Avary v. AndersonCourt of Appeals of Georgia · 1923
- Williams v. Garbutt Lumber Co.Supreme Court of Georgia · 1909
14 more not listed; retrieve them via the Exa API.