Legal Opinion

Niblett v. LaGrange Mills

Court of Appeals of Georgia

Decided May 26, 1916No. 7053PublishedCited by 5 opinions

Action for damages; from city court of LaGrange — Judge Harwell. October 19, 1915.

1Opinion of the CourtBboxles, J.

1. A servant is not obligated to obey his master’s- command to do work in a dangerous manner or with defective machinery or appliances, if the. danger or the defect is known to the servant, or is so patent and obvious that by the exercise of ordinary care he ought to know of it. In such a case, where the servant obeys the master’s command and is injured, the former assumes the risk and can not hold the master liable. Civil Code, §§ 2611, 2612, 3131; Brush Electric Light & Power Co. v. Wells, 103 Ga. 512, 515 (30 S. E. 533); Western & At*174lantio Railroad Co. v. Bishop, 50 Ga. 465; McDaniel v.…

2Cases cited6 opinions

  1. Wentern & Atlantic Railroad v. BishopSupreme Court of Georgia · 1873
  2. Brush Electric Light & Power Co. v. WellsSupreme Court of Georgia · 1898
  3. Cherokee Brick Co. v. HamptonCourt of Appeals of Georgia · 1915
  4. Kilgo v. Rome Soil Pipe Manufacturing Co.Court of Appeals of Georgia · 1915
  5. McDaniel v. Acme Brewing Co.Supreme Court of Georgia · 1901

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. International Cotton Mills v. WebbCourt of Appeals of Georgia · 1918
  2. Bowers v. Louisville & Nashville RailroadCourt of Appeals of Georgia · 1925
  3. Barrow County Cotton Mills v. BurtonCourt of Appeals of Georgia · 1926
  4. Stringer v. Atlanta Box FactoryCourt of Appeals of Georgia · 1920
  5. City of Atlanta v. HaganCourt of Appeals of Georgia · 1917

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