Fraser v. Smith & Kelly Co.
Supreme Court of Georgia
Action for damages. Before Judge Charlton. - Chatham superior court. February 2, 1910. Primus Fraser instituted suit for the recovery of damages against the Smith & Ivelly Company, alleged, to be a corporation. The petition was dismissed on general demurrer, and the plaintiff excepted. The following appeared, in substance, from the allegations. The defendant was engaged as a stevedore in loading a steamship with iron rails.
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Action for damages. Before Judge Charlton. - Chatham superior court. February 2, 1910. Primus Fraser instituted suit for the recovery of damages against the Smith & Ivelly Company, alleged, to be a corporation. The petition was dismissed on general demurrer, and the plaintiff excepted. The following appeared, in substance, from the allegations. The defendant was engaged as a stevedore in loading a steamship with iron rails. The ship contained two compartments below the main deck for the stowing of cargoes, one denominated “between-decks,” and the other the “lower-hold,” which was the place in…
1Opinion of the CourtAtkinson, J.
1. In a suit by an employee against his master to recover damages for injuries sustained in the service of the master, it was alleged, in effect, that the master had provided a safe place and appliances when properly adjusted, and that the servant was injured because of the carelessness of fellow-servants in substituting for the safe appliance furnished by the master one that was improper, and which rendered the place unsafe. Held, in such case the proximate cause of the injury was the negligence of the coemployees in substituting the improper appliance, and not any dereliction of duty in the…
2Cases cited5 opinions
- Babcock Bros. Lumber Co. v. JohnsonSupreme Court of Georgia · 1904
- Quebec Steamship Co. v. MerchantSupreme Court of the United States · 1890
- Ward v. Board of Regents of Kansas State Agricultural CollegeCourt of Appeals for the Eighth Circuit · 1905
- McDonnell v. Oceanic Steam Navigation Co.Court of Appeals for the Second Circuit · 1906
- Sofield v. Guggenheim Smelting Co.Supreme Court of New Jersey · 1900
3Cited by22 opinions
- Fulton Ice & Coal Co. v. PeceCourt of Appeals of Georgia · 1923
- Western & Atlantic Railroad v. MichaelSupreme Court of Georgia · 1932
- Henderson v. Nolting First Mortgage Corp.Supreme Court of Georgia · 1937
- Doyal v. RussellSupreme Court of Georgia · 1936
- Thomas v. Georgia Granite Co.Supreme Court of Georgia · 1913
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