Morris v. Charleston & Western Carolina Railway Co.
Court of Appeals of Georgia
Action for damages; from city court of Richmond county— Judge Black. November 7, 1917.- The petition alleges, that the plaintiff was employed by the railway company in its yard as a common laborer in repairing its cars; that in repairing its cars its employees were sometimes required to use jacks and to jack up or raise one end of the car so that the wheels could be removed from under the car; that the jacks used for this purpose were furnished by the company and were left…
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Action for damages; from city court of Richmond county— Judge Black. November 7, 1917.- The petition alleges, that the plaintiff was employed by the railway company in its yard as a common laborer in repairing its cars; that in repairing its cars its employees were sometimes required to use jacks and to jack up or raise one end of the car so that the wheels could be removed from under the car; that the jacks used for this purpose were furnished by the company and were left about in the yard to be used by the employees 'as the necessity of the occasion required, and it was required that the…
1Opinion of the CourtBloodworth, J.
The court did not err in sustaining the demurrer to the petition.
Judgment affirmed.
Broyles, P. J., and Harwell, J., concur. The demurrer was on the grounds that no cause of action was set out, and that it was apparent that the plaintiff was injured “as the result of his own action.” ■ T. F. Harrison, T. 8. Peebles Jr., for plaintiff, cited:
Lawrenceville Oil Mill v. Walton, 143 Ga. 259 (1); Williams v. Garbult Lumber Co., 132 Ga. 227.
W. K. Miller, for defendant, cited:
Bolden v. Central Ry. Co., 130 Ga. 456-7; Lee v. A. C. L. R. Co., 125 Ga. 655; Banks v. Schofield’s Sons Co., 126 Ga. 667;…
2Cases cited15 opinions
- Georgia Railroad & Banking Co. v. NelmsSupreme Court of Georgia · 1889
- Stewart v. Seaboard Air Line RailwaySupreme Court of Georgia · 1902
- Williams v. Garbutt Lumber Co.Supreme Court of Georgia · 1909
- Atlanta & Charlotte Air Line Railway v. RaySupreme Court of Georgia · 1883
- Southern Railway Co. v. TaylorSupreme Court of Georgia · 1912
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3Cited by2 opinions
- Rountree v. Seaboard Air-Line Railway Co.Court of Appeals of Georgia · 1923
- Linenkohl v. CuringtonCourt of Appeals of Georgia · 1924