Schnibbe v. Central Railroad & Banking Co.
Supreme Court of Georgia
Nonsuit. Negligence. Master and servant. Before Judge Harden. City court of Savannah. November term, 1889. Action for damages by Schnibbe against the railroad company, his declaration alleging that on July 18,1889, he was in defendant’s employment as a laborer, and with three others of its servants was directed by its foreman, whose orders he was bound to obey, to carry from its machine-shop to its blacksmith-shop a heavy iron frame, which was placed on an ordinary truck,…
Read the full summary
Nonsuit. Negligence. Master and servant. Before Judge Harden. City court of Savannah. November term, 1889. Action for damages by Schnibbe against the railroad company, his declaration alleging that on July 18,1889, he was in defendant’s employment as a laborer, and with three others of its servants was directed by its foreman, whose orders he was bound to obey, to carry from its machine-shop to its blacksmith-shop a heavy iron frame, which was placed on an ordinary truck, and while the same was being pushed into the blacksmith-shop, the wheel of the truck struck an obstruction, causing the…
1Opinion of the Court
Blandford, Justice.
The court below granted a nonsuit, and under the facts in the record we think the court was right. No negligence on the part of the railroad company was shown by the plaintiff’s testimony. The work in which the plaintiff was engaged at the time he was hurt was an ordinary laborer’s work; and he had been employed by the cempany for several years and knew all about the work, and it is to be presumed that he took the risk of any danger incident thereto. He complains that there were not sufficient men employed in the work he was engaged in to perform it safely and securely; but…
2Cited by3 opinions
- Wilder v. MillerSupreme Court of Georgia · 1907
- Curry v. Atlantic Coast Line RailroadCourt of Appeals of Georgia · 1941
- Nelson v. Central Railroad & Banking Co.Supreme Court of Georgia · 1892