Southern Cotton Oil Co. v. Caleb
Supreme Court of Georgia
Action for damages. Before Judge Hawkins. Laurens superior court. January 23, 1914. Ezekiel Caleb brought suit against the Southern Cotton Oil Company, to recover damages for personal injuries, alleging in the petition, that, being an employee of the defendant, he was ordered by its superintendent, who was in charge at the time and who had supervision over petitioner, with the right to order and control his conduct at the company’s mills, to hold in his hand a scantling…
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Action for damages. Before Judge Hawkins. Laurens superior court. January 23, 1914. Ezekiel Caleb brought suit against the Southern Cotton Oil Company, to recover damages for personal injuries, alleging in the petition, that, being an employee of the defendant, he was ordered by its superintendent, who was in charge at the time and who had supervision over petitioner, with the right to order and control his conduct at the company’s mills, to hold in his hand a scantling raised upright, with the end resting against a shafting near the ceiling; that while he was in this position, standing on…
1Opinion of the CourtBeck, J.
(After stating the foregoing facts.)
1. Error is assigned upon the failure of the court to charge the jury that if the plaintiff could have avoided the consequences to himself caused by the defendant’s negligence, he is not entitled to recover; as provided in section 4426 of the Code of 1910, in Tegard to diligence upon the part of the plaintiff. The plaintiff had testi*586fied to acts showing negligence upon the part of the defendant’s employee, but he also testified to certain facts which would have authorized the jury to find that by the exercise of diligence oh his own part he could have…
2Cases cited1 opinion
- Atlanta, Knoxville & Northern Railway Co. v. GardnerSupreme Court of Georgia · 1905
3Cited by17 opinions
- Trammell v. ShirleyCourt of Appeals of Georgia · 1928
- Whatley v. HenryCourt of Appeals of Georgia · 1941
- Davis v. WhitcombCourt of Appeals of Georgia · 1923
- Russell v. BayneCourt of Appeals of Georgia · 1932
- Atlantic Coast Line Railroad v. ShouseSupreme Court of Florida · 1922
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