Biederman v. Montezuma Manufacturing Co.

There being no allegation to the contrary, it must be assumed that the servant (the plaintiff) was of ordinary intelligence, and that he was laboring under no physical defect or disability which rendered him incapable of appreciating the situation and knowing of the dangers incident to his employment. Thomas v. Georgia Granite Co., 140 Ga. 459, 461 (79 S. E. 130). Construing the petition (as it must be construed) most strongly against the plaintiff, it appears that the defects upon the floor which' caused him to slip and fall, and thus resulted in the injuries for which he sues, were patent…