Smith v. Sibley Manufacturing Co.
Supreme Court of Georgia
Master and servant. Negligence. Torts. Ratification. Before Judge Roney. Richmond superior court. October term, 1889. ■ Smith brought his action alleging that the Sibley Manufacturing Company had damaged him $5,000, for that prior to January 26, 1886, he had been engaged in running and operating a cotton picker or cleaner in the picker room of defendant, and was receiving therefor 90 cents per day.
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Master and servant. Negligence. Torts. Ratification. Before Judge Roney. Richmond superior court. October term, 1889. ■ Smith brought his action alleging that the Sibley Manufacturing Company had damaged him $5,000, for that prior to January 26, 1886, he had been engaged in running and operating a cotton picker or cleaner in the picker room of defendant, and was receiving therefor 90 cents per day. He had had considerable experience in running cotton pickers, and understood their working and operation. When he began working for defendant, he received, according to its usual custom, he…
1Opinion of the Court
Simmons, Justice.
Under the facts alleged in this declaration, there was *336no error in sustaining the demurrer thereto and dismissing the same. The plaintiff was injured by the negligence of a co-employee, and was therefore not entitled to recover. Nor would the allegation in the declaration that Benson, the co-employee, had a “ propensity to start machines after they had been stopped, and this was known to the officers of the defendant, and they retained him in its employ,” authorize him to recover; because the plaintiff alleges that he had a knowlege of this propensity on the part of Benson…
2Cited by13 opinions
- Federal Deposit Insurance v. ThompsonCourt of Appeals of Georgia · 1936
- First National Bank v. American Surety Co.Court of Appeals of Georgia · 1944
- Williams v. American Surety CompanyCourt of Appeals of Georgia · 1950
- Wiley v. Georgia Power Co.Court of Appeals of Georgia · 1975
- Darien Bank v. CliftonSupreme Court of Georgia · 1923
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