Hadden v. Cherokee Sawmill Co.
Court of Appeals of Georgia
Action for damages; from city court of Tliomasville—Judge W. H.' Hammond. July 8, 1912. The petition alleged, that on December 22, 1911, while the plaintiff was at his proper place of work, attending to his duties in the operation of a gang-machine, as an employee of the defendant sawmill company, being about 8 or 10 feet in front of the saws and feeding the saws, one of the gang-saws at which he was at work caught up and threw with terrific force through the air a piece of…
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Action for damages; from city court of Tliomasville—Judge W. H.' Hammond. July 8, 1912. The petition alleged, that on December 22, 1911, while the plaintiff was at his proper place of work, attending to his duties in the operation of a gang-machine, as an employee of the defendant sawmill company, being about 8 or 10 feet in front of the saws and feeding the saws, one of the gang-saws at which he was at work caught up and threw with terrific force through the air a piece of pine wood, striking him on his left hip and inflicting injuries described; that the defendant was negligent, in that it…
1Opinion of the CourtHell, C. J.
The petition alleged that a servant discovered a defect in the machinery which he was using, and called the master’s attention to the defect, and the master promised to repair it, and the servant, relying upon the promise, continued to use the defective machinery. Held: (1) It was the master’s duty to exercise diligence in making the necessary repairs. (3) Whether the servant was guilty of contributory negligence in continuing his work with the defective machinery, rely-1,1 ' ing upon the master’s promise to repair, was a question of fact for the jury, to be determined according to the…
2Cases cited2 opinions
- Cheeney v. Ocean Steamship Co.Supreme Court of Georgia · 1893
- Shue v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1909
3Cited by2 opinions
- Elliott v. Tifton Mill & Gin Co.Court of Appeals of Georgia · 1913
- Evans v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1926