Hobbs v. Bowie & Terhune

1. This being a suit for damages by an employee against his employers, which was governed by the common-law doctrine of master and servant; and it affirmatively appearing that the servant had equal means with the master of ascertaining the defective condition of the appliance alleged to have been the cause of his injuries, no recovery can be had against the master.

2. As the defendants offered no evidence, the proper procedure was to grant a nonsuit, rather than direct a verdict for the defendants (Hines v. McLellan, 117 Ga. 845); but inasmuch as the plaintiff, in his petition for certiorari,…