Byrd v. Thompson
Supreme Court of Georgia
Action for damages. Before Judge Bell. Fulton superior court. January 1, 1916. Brad Byrd brought suit against J. B. Thompson, to-recover damages on account of personal injuries received while working for Thompson as a laborer on a building which Thompson was erecting. After-the evidence was in, the court directed a verdict for the defendant.
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Action for damages. Before Judge Bell. Fulton superior court. January 1, 1916. Brad Byrd brought suit against J. B. Thompson, to-recover damages on account of personal injuries received while working for Thompson as a laborer on a building which Thompson was erecting. After-the evidence was in, the court directed a verdict for the defendant. The petition alleged in substance as follows: Thompson, as owner and builder, was engaged in erecting a building in the city of Atlanta, and Byrd was instructed by Thompson to assist another ■workman in putting in “sleepers” in the building on the second…
1Opinion of the Court
.Hill, J.
(After stating the foregoing facts.) The motion for new trial complains that the court directed a verdict for the defendant, instead of submitting the case to the jury. The main question in the ease is whether, under the,pleadings and the evidence, the fellow-servant doctrine applies. Section 3129 of the Civil Code provides: “Except in the case of railroad companies, the master is not liable to one servant for injuries arising from the negligence or misconduct of other servants about the same business.” The question therefore arises, were Byrd and the bricklayers “about the same…
2Cases cited10 opinions
- Armour v. HahnSupreme Court of the United States · 1884
- Mullin v. Genesee County Electric Light, Power & Gas Co.New York Court of Appeals · 1911
- Holland v. Durham Coal & Coke Co.Supreme Court of Georgia · 1908
- Hoar v. MerrittMichigan Supreme Court · 1886
- Georgia Coal & Iron Co. v. BradfordSupreme Court of Georgia · 1908
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3Cited by10 opinions
- Tufts v. ThrelkeldCourt of Appeals of Georgia · 1923
- Terry Shipbuilding Corp. v. GriffianSupreme Court of Georgia · 1922
- Roberts v. EthridgeCourt of Appeals of Georgia · 1946
- Atlantic Paper & Pulp Corp. v. BowenCourt of Appeals of Georgia · 1919
- Moody v. HardemanCourt of Appeals of Georgia · 1932
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