Burton v. Wadley Southern Railway Co.
Court of Appeals of Georgia
Action for damages; from Jefferson superior court — Judge. Hardeman. November 10, 1919.' This was a suit against a railroad company by an employee, to recover damages for alleged personal injuries caused by the dropping of an air-pump, which the plaintiff and three-other employees had been directed to carry from one place- to- another in the machine shop of the defendant by means of two pipes used as hand-bars.
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Action for damages; from Jefferson superior court — Judge. Hardeman. November 10, 1919.' This was a suit against a railroad company by an employee, to recover damages for alleged personal injuries caused by the dropping of an air-pump, which the plaintiff and three-other employees had been directed to carry from one place- to- another in the machine shop of the defendant by means of two pipes used as hand-bars. The ground of negligence originally set forth in the.petition was carelessness and negligence of the defendant’s servants in the discharge of the duty thus imposed, which resulted in…
1Opinion of the CourtJenkins, P. J.
1. (After stating the foregoing facts.) A servant assumes the ordinary risks of his employment, and is bound to exercise his own skill and diligence to protect himself. Civil Code (1910), § 3131. Under the statute law of this State (Civil Code, § 3129) an employee of a railway company does not, however, assume risks due to the negligence of his fellow servants. The petition, therefore, set out a valid cause of action based on the negligence of the plaintiff’s fellow servants in the alleged improper and careless execution of the master’s command, in that they failed to keep proper step in…
2Cases cited15 opinions
- Moore v. Dublin Cotton MillsSupreme Court of Georgia · 1907
- Harris v. Central RailroadSupreme Court of Georgia · 1887
- Davis v. Muscogee Manufacturing Co.Supreme Court of Georgia · 1898
- Williams v. Atlantic Coast Line RailroadCourt of Appeals of Georgia · 1916
- Western Union Telegraph Co. v. SpencerCourt of Appeals of Georgia · 1919
10 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Hines v. EvansCourt of Appeals of Georgia · 1920
- Central of Georgia Railway Co. v. LindseyCourt of Appeals of Georgia · 1922
- Myers v. PearceCourt of Appeals of Georgia · 1960
- Genesco, Inc. v. GreesonCourt of Appeals of Georgia · 1962
- Pappadea v. CliftonCourt of Appeals of Georgia · 1957
9 more not listed; retrieve them via the Exa API.