Hendrix v. Vale Royal Manufacturing Co.
Supreme Court of Georgia
Action for damages. Before Judge Cliarlton. Chatham superior court. The substance of the petition, now material, was as follows: The plaintiff, 27 years of age, without experience in the operation of saws, was employed by defendant to operate a “bolting” saw in a shingle-mill, and was instructed by defendant in its use. He continually operated the “bolting” saw for two weeks, when he was directed by defendant to operate a “shingle” saw.
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Action for damages. Before Judge Cliarlton. Chatham superior court. The substance of the petition, now material, was as follows: The plaintiff, 27 years of age, without experience in the operation of saws, was employed by defendant to operate a “bolting” saw in a shingle-mill, and was instructed by defendant in its use. He continually operated the “bolting” saw for two weeks, when he was directed by defendant to operate a “shingle” saw. Being unfamiliar with the operation of a “shingle” saw, he so informed the defendant and asked to bo'instructed as to its operation. Defendant replied that…
1Opinion of the CourtFish, C. J.
X. In an action by a servant against a master for alleged failure of duty on the part of the latter in not giving to the servant warning of a danger incident to his employment, it must appear that the master knew or ought to have known of the danger, and that the servant injured did not know and had not equal means with the master .of knowing such fact, and by the exercise of ordinary care could not have known it. If the danger be obvious .and as easily known to the servant as to the master, the latter will not he liable for failing to give warning of it. Civil Code, §§ 2611, 2612; Commercial…
2Cases cited5 opinions
- Insurance Co. v. RailroadSupreme Court of North Carolina · 1905
- Crown Cotton Mills v. McNallySupreme Court of Georgia · 1905
- Tillman v. DunmanSupreme Court of Georgia · 1901
- Commercial Guano Co. v. NeatherSupreme Court of Georgia · 1901
- Crown Cotton Mills v. McNallySupreme Court of Georgia · 1907
3Cited by30 opinions
- Whirlpool Corp. v. HurlbutCourt of Appeals of Georgia · 1983
- Edwards v. Atlanta, Birmingham & Coast RailroadCourt of Appeals of Georgia · 1940
- Southern Railway Company v. CabeCourt of Appeals of Georgia · 1964
- International Cotton Mills v. WebbCourt of Appeals of Georgia · 1918
- Beasley v. ElderCourt of Appeals of Georgia · 1953
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