Wilder v. Miller
Supreme Court of Georgia
Action for damages. Before Judge Felton. Houston superior court. April 4, 1906. Moore, a minor, by his father as next friend, sued for damages on account of personal injuries.
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Action for damages. Before Judge Felton. Houston superior court. April 4, 1906. Moore, a minor, by his father as next friend, sued for damages on account of personal injuries. The petition, as amended, alleged, in brief, that the plaintiff was engaged to work in the defendant’s manufacturing plant as a painter, and that while so employed the foreman of the defendant’s machine-shop directed him to leave the paint-room and go to the machine-shop, and directed him to smooth or edge gin-brush sticks on a machine known as a buzz-planer, and told him how to hold the sticks upon the machine, but…
1Opinion of the CourtAtkinson, J.
1. In a suit for personal injuries, under the rulings of this court in the cases of Evans v. Josephine Mills, 119 Ga. 448, and Crown Cotton Mills v. McNally, 127 Ga. 404, the fellow-servant rule' applies to a youth 17 years of age, of ordinary intelligence, injured while engaged in the ■ operation of a dangerous machine.
2. If the machinery employed by the master is dangerous because of some deficiency which is known to the servant, who, with such knowledge, voluntarily operates the machine, he will not be entitled to recover for the injury received therefrom simply because the master had not…
2Cases cited5 opinions
- Evans v. MillsSupreme Court of Georgia · 1904
- Middle Georgia & Atlantic Ry. Co. v. BarnettSupreme Court of Georgia · 1898
- Crown Cotton Mills v. McNallySupreme Court of Georgia · 1907
- Schnibbe v. Central Railroad & Banking Co.Supreme Court of Georgia · 1890
- Turner v. Seville Gin & Warehouse Co.Supreme Court of Georgia · 1907
3Cited by4 opinions
- Texas Co. v. HearnCourt of Appeals of Georgia · 1919
- Williams v. RubenSupreme Court of Georgia · 1960
- Harris v. Union Cotton MillsCourt of Appeals of Georgia · 1919
- Coe v. HewettCourt of Appeals of Georgia · 1958