Legal Opinion

Fulton Bag & Cotton Mills v. Camp

Court of Appeals of Georgia

Decided July 22, 1919No. 10441Published

Action for damages; from Fulton superior court—Judge Bell. February 8, 1919. From the petition it appears that the plaintiff’s husband, a machinist employed by the defendant in its factory, received injuries which caused his death, from the bursting of a pipe in the factory when he was placing around the pipe, under the direction of the defendant’s foreman, a clamp to stop a leak from a crack in it.

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Action for damages; from Fulton superior court—Judge Bell. February 8, 1919. From the petition it appears that the plaintiff’s husband, a machinist employed by the defendant in its factory, received injuries which caused his death, from the bursting of a pipe in the factory when he was placing around the pipe, under the direction of the defendant’s foreman, a clamp to stop a leak from a crack in it. The petition as amended alleges, in substance: The plaintiff’s husband was for a number of years employed by the defendant as a machinist, and his duties were the usual and ordinary duties of a…

1Opinion of the CourtBboyles, P. J.

The petition as amended was not subject to any ground of the demurrer interposed, and the court properly overruled the demurrer. Judgment affirmed.

Bloodworth and Stephens, JJ., coneur. Allegations are made as to the training, experience, skill, and knowledge of the foreman as a mechanic in the fitting and repairing of such steam pipes, his knowledge of the power and strength of steam upon them, his previous inspection of this L, and his knowledge of its defective condition for three or four hours before the bursting of the pipe. It is alleged that the foreman knew, or ought to have known,…

2Cases cited18 opinions

  1. Georgia Railway & Electric Co. v. HarrisCourt of Appeals of Georgia · 1907
  2. Sheppard v. BridgesSupreme Court of Georgia · 1912
  3. Southern Cotton-Oil Co. v. GladmanCourt of Appeals of Georgia · 1907
  4. Worlds v. Georgia RailroadSupreme Court of Georgia · 1896
  5. Hendrix v. Vale Royal Manufacturing Co.Supreme Court of Georgia · 1910

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