Brown v. Rome Machine & Foundry Co.
Court of Appeals of Georgia
Action for damages, from city court of Floyd county — Judge Hamilton. June 8, 1908. The petition as amended alleged substantially as follows: Plaintiff was, when injured, an employee of the defendant, in the •capacity of an apprentice moulder, whose duties were the same as 'those of a moulder, except that the class of work is not as good, for the reason that he was learning the trade.
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Action for damages, from city court of Floyd county — Judge Hamilton. June 8, 1908. The petition as amended alleged substantially as follows: Plaintiff was, when injured, an employee of the defendant, in the •capacity of an apprentice moulder, whose duties were the same as 'those of a moulder, except that the class of work is not as good, for the reason that he was learning the trade. He did learn the work of making forms, poured and carried iron, and did similar work in the defendant’s foundry at which castings were made. ’The plaintiff, with two other men, was carrying molten iron in a…
1Opinion of the CourtPowell, J.
(After stating the facts as above.)
1. As originally drawn, the petition was subject to dismissal on demurrer. It did not show a. cause of action. It merely alleged that at the time one of the two necessary helpers was called away, the plaintiff and his fellow laborers were about to carry the ladle of molten iron to the flask, not that they were already in the act of carrying it. As thus set forth, the transaction was clearly covered by the eases of Worlds v. Ga. R. Co., 99 Ga. 283 (25 S. E. 646), and Freeman v. Savannah Electric Co., 130 Ga. 449 (60 S. E. 1042). It would also be easily…
2Cases cited15 opinions
- Mandeville Mills v. DaleCourt of Appeals of Georgia · 1907
- Davis Coal Co. v. PollandIndiana Supreme Court · 1902
- Moore v. Dublin Cotton MillsSupreme Court of Georgia · 1907
- Worlds v. Georgia RailroadSupreme Court of Georgia · 1896
- Louisville & Nashville R. R. v. SpinksSupreme Court of Georgia · 1898
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3Cited by32 opinions
- Hubbard v. Macon Railway & Light Co.Court of Appeals of Georgia · 1908
- McConnell v. Frank E. Block Co.Court of Appeals of Georgia · 1921
- Seagraves v. ABCO Manufacturing Co.Court of Appeals of Georgia · 1968
- Western & Atlantic Railroad v. LochridgeCourt of Appeals of Georgia · 1929
- Ayers v. Louisville & Nashville RailroadCourt of Appeals of Georgia · 1909
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