Legal Opinion
Massee & Felton Lumber Co. v. Ivey
Court of Appeals of Georgia
Decided April 16, 1913No. 4359PublishedCited by 13 opinions
Action for damages; from city court of Macon—Judge Hodges. July 8, 1912.
1Opinion of the CourtRtjssell, J.
1. The court did not err in overruling the demurrer to the plaintiff's petition.
2. Under the allegations of the petition, the servant’s implied assumption of risk was abrogated by the assurance of the defendant’s foreman that he was in a safe place to work, and the foreman’s command, that he continue to work with the instrumentalities which had been furnished by the master. The decision must be controlled by the rulings of this court in Bush v. West Yellow Pine Co., 2 Ga. App. 295 (58 S. E. 529), and Smith v. Southern Railway Co., 8 Ga. App. 822 (70 S. E. 192), which this court declines to…
2Cases cited5 opinions
- Bush v. West Yellow Pine Co.Court of Appeals of Georgia · 1907
- Brown v. Rome Machine & Foundry Co.Court of Appeals of Georgia · 1908
- Southern Bell Telephone & Telegraph Co. v. ShamosCourt of Appeals of Georgia · 1913
- Columbus Manufacturing Co. v. GrayCourt of Appeals of Georgia · 1911
- Smith v. Southern Railway Co.Court of Appeals of Georgia · 1911
3Cited by13 opinions
- Mitchell v. Schofield's Sons Co.Court of Appeals of Georgia · 1915
- Borochoff v. FowlerCourt of Appeals of Georgia · 1958
- International Cotton Mills v. WebbCourt of Appeals of Georgia · 1918
- Cherokee Brick Co. v. HamptonCourt of Appeals of Georgia · 1915
- Mitchell v. Schofield's Sons Co.Court of Appeals of Georgia · 1917
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