Eagle & Phenix Manufacturing Co. v. Welch
Supreme Court of Georgia
Pleadings. "Witness. Evidence. New Trial. Before Judge Crawford. Muscogee Superior Court. May Term, 1878. Welch brought case against the Eagle & Phenix Manufacturing Company for $10,000.00 damages, alleging the following facts: On August 19th, 1876, he was in the employment of defendant, blasting rock, the latter undertaking to furnish all the tools and materials necessary and proper for blasting.
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Pleadings. "Witness. Evidence. New Trial. Before Judge Crawford. Muscogee Superior Court. May Term, 1878. Welch brought case against the Eagle & Phenix Manufacturing Company for $10,000.00 damages, alleging the following facts: On August 19th, 1876, he was in the employment of defendant, blasting rock, the latter undertaking to furnish all the tools and materials necessary and proper for blasting. While performing the work for which he was employed, relying upon defendant to continue to furnish material customarily used for blasting, known as blasting powder, defendant, without his knowledge…
1Opinion of the Court
Bleckley, Justice.
1. The declaration alleged an undertaking to furnish suitable powder; and it alleged, also, a breach of that undertaking by furnishing mixed powder, a more hazardous arti*448cle. It averred that the increased hazard was unknown to the plaintiff; it averred that the explosion took place by reason of the premises; it failed to specify any particular elements in the mixture which rendered it unsafe, or less safe than suitable powder would have been. It was demurred to generally, and the demurrer was overruled. Contract creating a duty, breach of contract, injury therefrom, and…
2Cases cited1 opinion
- Harris v. CannonSupreme Court of Georgia · 1849
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- Douglas, Augusta & Gulf Railway Co. v. SwindleCourt of Appeals of Georgia · 1907
- Taylor v. StateSupreme Court of Georgia · 1923
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