Thomas v. Georgia Granite Co.
Supreme Court of Georgia
Action for damages. Before Judge Bell. Pulton superior court. April 15, 1912. Jennie Thomas instituted an action against the Georgia Granite Company and E. B. Respass, to recover damages for the homicide of Scott Thomas, the plaintiff’s husband.
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Action for damages. Before Judge Bell. Pulton superior court. April 15, 1912. Jennie Thomas instituted an action against the Georgia Granite Company and E. B. Respass, to recover damages for the homicide of Scott Thomas, the plaintiff’s husband. Relatively to the manner in which Thomas was injured the petition alleged the following in substance1: In January, 1912, the defendants, under a contract with the City of Atlanta, were engaged in constructing a sewer along Barnett street. Thomas was working for them as a laborer. Preparatory to laying the sewer the defendants were opening a ditch, and…
1Opinion of the Court
Atkinson, J..1- On demurrer this petition is to be construed most strongly against the plaintiff. The allegations that the defendants knew, or ought to have known, that the place was unsafe, amount to no more than a charge of implied notice that the place was unsafe. Babcock Lumber Co. v. Johnson, 120 Ga. 1030 (6), 1034 (48 S. E. 438); Fraser v. Smith & Kelly Co., 136 Ga. 18 (70 S. E. 792). The general charge that the plaintiff’s husband was free from fault, and by the exercise of ordinary care could not have prevented the injury to himself, when considered in connection with the other…
2Cases cited17 opinions
- Babcock Bros. Lumber Co. v. JohnsonSupreme Court of Georgia · 1904
- Citrone v. O'Rourke Engineering Construction Co.New York Court of Appeals · 1907
- Ludd v. WilkinsSupreme Court of Georgia · 1903
- Holland v. Durham Coal & Coke Co.Supreme Court of Georgia · 1908
- Olson v. McMullenSupreme Court of Minnesota · 1885
12 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Fulton Ice & Coal Co. v. PeceCourt of Appeals of Georgia · 1923
- Western & Atlantic Railroad v. MichaelSupreme Court of Georgia · 1932
- Moore v. Seaboard Air-Line Railway Co.Court of Appeals of Georgia · 1923
- Central of Georgia Railway Co. v. TapleySupreme Court of Georgia · 1916
- Central of Georgia Railway Co. v. KeatingSupreme Court of Georgia · 1933
39 more not listed; retrieve them via the Exa API.