Central of Georgia Railway Co. v. Lindsey
Court of Appeals of Georgia
Action for damages; from Jones superior court — Judge Park. May 19, 1921. Application for certiorari was denied by the Supreme Court.
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Action for damages; from Jones superior court — Judge Park. May 19, 1921. Application for certiorari was denied by the Supreme Court. As to the motion that a mistrial be declared the motion for a new trial states: that “ during the argument plaintiff’s counse1, in commenting upon the failure of the defendant to introduce evidence, stated: ‘This company (referring to defendant) can get witnesses from Washington or anywhere else in the United States, and has its lawyers hired by the year.’ Defendant’s counsel moved that the court grant a mistrial, upon the ground that' the remarks of the…
1Opinion of the CourtJenkins, P. J.
1. “ A servant assumes the ordinary risks of his employment.” Civil Code (1910), § 3131.
(а) In an action for injury to a servant, resulting from his compliance with a direct and specific command of the master, given with reference to the manner, means, or instrumentality by which the master’s work is to be performed, it is a question for the jux-y whether the risk involved in obeying the order is an ordinary hazard such as was assumed by virtue of the servant’s employment, or whether under the existing circumstances the command was a negligent one. Where, under the facts and circumstances…
2Cases cited25 opinions
- Norfolk & Western Railway Co. v. EarnestSupreme Court of the United States · 1913
- Illinois Central Railroad v. SkaggsSupreme Court of the United States · 1916
- Moore v. Dublin Cotton MillsSupreme Court of Georgia · 1907
- Harris v. Central RailroadSupreme Court of Georgia · 1887
- Georgia, Florida & Alabama Railway Co. v. SasserCourt of Appeals of Georgia · 1908
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3Cited by16 opinions
- Western & Atlantic Railroad v. TownsendCourt of Appeals of Georgia · 1926
- Genesco, Inc. v. GreesonCourt of Appeals of Georgia · 1962
- Pappadea v. CliftonCourt of Appeals of Georgia · 1957
- Hood v. Atlantic Steel Co.Court of Appeals of Georgia · 1923
- Atchison, T. & S. F. Ry. Co. v. SeamasCourt of Appeals for the Ninth Circuit · 1952
11 more not listed; retrieve them via the Exa API.