Williams v. Central of Georgia Railway Co.
Court of Appeals of Georgia
Action for damages; from city court of Macon—Judge Guerry. June 19, 1918. From the petition it appears that the plaintiff, a carpenter employed in the car-shop of the railway company, was standing on a scaffold in the shop, pulling out of a hole in a stake a bit which he had driven into it, when the bit suddenly came out and he fell from the scaffold to the floor and received certain injuries, which he alleges were caused by negligence of the company in not furnishing to him…
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Action for damages; from city court of Macon—Judge Guerry. June 19, 1918. From the petition it appears that the plaintiff, a carpenter employed in the car-shop of the railway company, was standing on a scaffold in the shop, pulling out of a hole in a stake a bit which he had driven into it, when the bit suddenly came out and he fell from the scaffold to the floor and received certain injuries, which he alleges were caused by negligence of the company in not furnishing to him a bit suited to the purposes for which he was required to use it and in furnishing one not suited to the work in hand,…
1Opinion of the CourtWade, C. J.
Even if the allegations of the petition as finally amended, be construed most strongly in favor of the plaintiff (and not against him as _ the law requires), the court did' not err in dismissing it on demurrer; for it affirmatively appears therefrom that, although the defendant, his master, may have been guilty of negligence in furnishing him defective instrumentalities with which to work, his opportunities to discover their defective condition were equal, if not superior, to those of the master, since the defects were patent to superficial observation and were in fact observed by him before…
2Cases cited14 opinions
- Virginia v. RivesSupreme Court of the United States · 1880
- Southern Railway Co. v. MeltonSupreme Court of Georgia · 1909
- Central of Georgia Railway Co. v. McKinneySupreme Court of Georgia · 1903
- Whitaker v. StateSupreme Court of Georgia · 1912
- Southern Railway Co. v. TaylorSupreme Court of Georgia · 1912
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