Legal Opinion

Ocean Steamship Co. v. Cheeney

Supreme Court of Georgia

Decided December 1, 1890PublishedCited by 10 opinions

Negligence. Master and servant. Before Judge Harden. City court of Savannah. July term, 1890. Action by.Cheeney against the steamship company for damages, alleging that he was employed by it to stow cotton in the hold of its ship; that it was the company’s duty to give notice at the hatchway whenever a bale of cotton was thrown into the hold, so that persons engaged in stowing the cotton below might get out of the way of the falling bale and avoid injury to themselves, but…

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Negligence. Master and servant. Before Judge Harden. City court of Savannah. July term, 1890. Action by.Cheeney against the steamship company for damages, alleging that he was employed by it to stow cotton in the hold of its ship; that it was the company’s duty to give notice at the hatchway whenever a bale of cotton was thrown into the hold, so that persons engaged in stowing the cotton below might get out of the way of the falling bale and avoid injury to themselves, but at the time in cpiestion the company did not give such warning, and the bale was thrown down without notice to plaintiff,…

1Opinion of the Court

Simmons, Justice.

We think the court erred in not gi’anting a new trial in this case. The evidence clearly7 shows that the company had placed a man at the hatchway to give notice to the hands below. The foreman testified that the hatch-tender was at the hatchway about fifteen minutes before the accident, and was in the discharge of his duty. Middleton, one of the plaintiff’s witnesses, testified that there were some bales that came down before the one that hit Cheeney, and when they came, a warning was *283given and all got out of the way and nobody was hurt. This shows that a person had been…

2Cited by10 opinions

  1. Cheeney v. Ocean Steamship Co.Supreme Court of Georgia · 1893
  2. Anderson v. Pittsburgh Coal Co.Supreme Court of Minnesota · 1909
  3. Portance v. Lehigh Valley Coal Co.Wisconsin Supreme Court · 1899
  4. Hermann v. Port Blakely Mill Co.District Court, N.D. California · 1896
  5. Jackson v. Merchants & Miners Transportation Co.Supreme Court of Georgia · 1903

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