Sims v. East & West Railroad
Supreme Court of Georgia
Negligence. Master and servant. Nonsuit. Before Judge Neel. City court of Cartersville. June term, 1889. Omitting such parts as are now immaterial, the declaration alleged, in brief, as follows: The railroad company employed Sims as one of its hands in its yard where all its freight was transferred from its cars, and put him under the charge and direction of one Cobb, who had full charge of the yard, directed all the work therein and had full authority to do so, as well as…
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Negligence. Master and servant. Nonsuit. Before Judge Neel. City court of Cartersville. June term, 1889. Omitting such parts as are now immaterial, the declaration alleged, in brief, as follows: The railroad company employed Sims as one of its hands in its yard where all its freight was transferred from its cars, and put him under the charge and direction of one Cobb, who had full charge of the yard, directed all the work therein and had full authority to do so, as well as full knowledge of all the danger in and about said work, and particularly the danger in and about the transfer of lumber…
1Opinion of the Court
Bleckley, Chief Justice.
The grounds of liability set out in the declaration are the failure of the company to warn Sims of the danger of the work assigned to him, and the omission to give him needful and proper instructions by which to perform it safely. But there is no evidence that the work was in any respect more hazardous than that of ordinary labor, or that, if it was, he did not know how to do it safely. He was a witness, but said not a word goingto show either that he was ignorant of any danger attend*156ing tho work, or that he dicl not know how to perform it properly. Several other…
2Cases cited1 opinion
- East & West Railroad v. SimsSupreme Court of Georgia · 1888
3Cited by8 opinions
- Ewing v. Lanark Fuel Co.West Virginia Supreme Court · 1909
- Babcock Bros. Lumber Co. v. JohnsonSupreme Court of Georgia · 1904
- Ayers v. Louisville & Nashville RailroadCourt of Appeals of Georgia · 1909
- Howard v. Central of Georgia Railway Co.Supreme Court of Georgia · 1912
- Oakland v. NelsonNorth Dakota Supreme Court · 1914
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