Pollard v. Southern Railway Co.
Court of Appeals of Georgia
Action for damages; from city court of Atlanta — Judge Reid. January 8, 1910. The action was for damages on account of personal injuries. The material allegations of the petition, briefly stated, are as follows: Plaintiff was a laborer employed by the defendant railway company, and most of his work consisted in repacking and oiling cellars of the engines and trucks of the tenders of the defendant. He was not employed to remove cellars from engines, or put them in.
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Action for damages; from city court of Atlanta — Judge Reid. January 8, 1910. The action was for damages on account of personal injuries. The material allegations of the petition, briefly stated, are as follows: Plaintiff was a laborer employed by the defendant railway company, and most of his work consisted in repacking and oiling cellars of the engines and trucks of the tenders of the defendant. He was not employed to remove cellars from engines, or put them in. This work was usually performed by a machinist and his helper, and required skill and experience. He was ordered by his foreman to…
1Opinion of the CourtHill, C. J.
The allegations of the petition bring this ease squarely within the decisions of this court in Whitfield v. L. & N. R. Co., 7 Ga. App. 268, 271 (66 S. E. 973), and Ayers v. L. & N. R. Co., 5 Ga. App. 454 (63 S. E. 530), and are directly covered by the decisions of the Supreme Court in Worlds v. Georgia R. Co., 99 Ga. 283 (25 S. E. 646), and Freeman v. Savannah Electric Co., 130 Ga. 449 (60 S. E. 1042). The petition was properly dismissed on demurrer, as no cause of action was shown by its allegations. Judgment affirmed.
A. 11. Davis, for plaintiff. McDaniel, Alston & Blade, Bdgar A. Neely, for…
2Cases cited4 opinions
- Worlds v. Georgia RailroadSupreme Court of Georgia · 1896
- Freeman v. Savannah Electric Co.Supreme Court of Georgia · 1908
- Ayers v. Louisville & Nashville RailroadCourt of Appeals of Georgia · 1909
- Whitfield v. Louisville & Nashville RailroadCourt of Appeals of Georgia · 1910
3Cited by3 opinions
- International Cotton Mills v. WebbCourt of Appeals of Georgia · 1918
- Horne v. Atlanta, Birmingham & Coast RailroadCourt of Appeals of Georgia · 1933
- Central of Georgia Railway Co. v. DurdenCourt of Appeals of Georgia · 1921