Holland v. Durham Coal & Coke Co.
Supreme Court of Georgia
Action for damages. Before Judge Wright. Walker superior court. November 30, 1907. Holland brought an action against the Durham. Coal & Coke Company, seeking, to recover damages for a personal injury received by him while working in the coal mine of the defendant. The practice was to dig out a gallery or entry, and from this rooms were excavated on the side.
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Action for damages. Before Judge Wright. Walker superior court. November 30, 1907. Holland brought an action against the Durham. Coal & Coke Company, seeking, to recover damages for a personal injury received by him while working in the coal mine of the defendant. The practice was to dig out a gallery or entry, and from this rooms were excavated on the side. Sometimes all the coal was taken out of them, but generally pillars of coal were left in the rooms for the purpose of supporting the roof. After the excavation in certain rooms was completed and all the coal taken out except the pillars,…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. The main question involved in this case arises on the following charge of the court: After stating the duty of the master to exercise ordinary care and diligence to provide a reasonably safe place for the servant in which to work, he added, “And, in that connection, I charge you this: The rule requiring the master to use, reasonable care in furnishing the servant a reasonably safe place in which to work is usually applied to a permanent place, and not such places as are constantly shifting and being transformed as the direct result of the servant’s work;…
2Cases cited17 opinions
- Armour v. HahnSupreme Court of the United States · 1884
- Union Pac. Ry. Co. v. JarviCourt of Appeals for the Eighth Circuit · 1892
- Finalyson v. Utica Mining & Milling Co.Court of Appeals for the Eighth Circuit · 1895
- City of Minneapolis v. LundinCourt of Appeals for the Eighth Circuit · 1893
- Petaja v. Aurora Iron Mining Co.Michigan Supreme Court · 1895
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3Cited by31 opinions
- Thomas v. Georgia Granite Co.Supreme Court of Georgia · 1913
- Sarman v. Seaboard Air-Line Railway Co.Court of Appeals of Georgia · 1924
- Williams v. Atlantic Coast Line RailroadCourt of Appeals of Georgia · 1916
- Zelavin v. Tonopah Belmont Development Co.Nevada Supreme Court · 1915
- Elsberry v. IveyCourt of Appeals of Georgia · 1993
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