Legal Opinion

Evans v. Mills

Supreme Court of Georgia

Decided February 12, 1904PublishedCited by 71 opinions

Action for damages. Before Judge Irwin. City court of Polk county. January 14, 1903. The petition alleged that the plaintiff was between eleven and twelve years of age, and ignorant of the danger of exposed machinery in defendant’s mill; and that defendant negligently left the same uncovered and failed to warn plaintiff of the danger, and was negligent in permitting and not restraining the plaintiff from going about the dangerous machinery, who was injured by placing her…

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Action for damages. Before Judge Irwin. City court of Polk county. January 14, 1903. The petition alleged that the plaintiff was between eleven and twelve years of age, and ignorant of the danger of exposed machinery in defendant’s mill; and that defendant negligently left the same uncovered and failed to warn plaintiff of the danger, and was negligent in permitting and not restraining the plaintiff from going about the dangerous machinery, who was injured by placing her hand between the pressers. By amendment it was alleged that if she was out of the line of her work the defendant was guilty…

1Opinion of the CourtLamar, J.

(after stating the foregoing facts.) A nonsuit will not be granted where the plaintiff proves his case as laid. Kelly v. Strouse, 116 Ga. 872 (4 b). This ruling does not lead to the result that it is necessary to submit the case to the jury even though it appears on the plaintiff’s evidence that he is not entitled to recover. Nor is it in conflict with the Civil Code, § 5347, since that section evidently contemplates a trial upon a petition which sets out a cause of action. Usually there is such a petition, and the plaintiff by proving his case as laid makes out a prima facie right to…

2Cases cited15 opinions

  1. Kelly v. Strouse & Bros.Supreme Court of Georgia · 1903
  2. Augusta Factory v. BarnesSupreme Court of Georgia · 1884
  3. Shields v. YongeSupreme Court of Georgia · 1854
  4. O'Connor v. BruckerSupreme Court of Georgia · 1903
  5. Hefferen v. Northern Pacific RailroadSupreme Court of Minnesota · 1891

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3Cited by71 opinions

  1. Clark v. BandySupreme Court of Georgia · 1943
  2. Moore v. Dublin Cotton MillsSupreme Court of Georgia · 1907
  3. Livingston v. BarnettSupreme Court of Georgia · 1942
  4. Reaves v. Columbus Electric & Power Co.Court of Appeals of Georgia · 1924
  5. Babcock Bros. Lumber Co. v. JohnsonSupreme Court of Georgia · 1904

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