Savannah Warehouse & Compress Co. v. Hayes
Court of Appeals of Georgia
Action for damages; from Chatham superior court — Judge Meldrim. February 19, 1920. The petition, as amended alleges, in substance: The plaintiff was employed by the defendant as a brickmason and was engaged in laying a hollow-tile sewer in a ditch on the defendant’s premises.
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Action for damages; from Chatham superior court — Judge Meldrim. February 19, 1920. The petition, as amended alleges, in substance: The plaintiff was employed by the defendant as a brickmason and was engaged in laying a hollow-tile sewer in a ditch on the defendant’s premises. The ditch about 5 feet wide at the top, 3% feet wide at the bottom, and about 7 feet deep, and had been dug by the defendant under a cement pavement, and in excavating for the sewer the defendant did not remove the cement pavement, but left it overhanging the excavation. The cement pavement was about 5 feet wide and 5…
1Opinion of the CourtSmith, J.
1. “ A servant is bound to obey a 'command, when given as such by the master, if it pertains to the duties of the servant’s employment and docs not involve a violation of the law, and if the act required is not one which is of itself so obviously dangerous that no person of ordinary prudence could be expected to perform it.” Hodges v. Murkison, 24 Ga. App. 739 (102 S. E. 134), and cases cited. See also Usry v. Augusta Southern R. Co., 24 Ga. App. 722 (102 S. E. 184).
2. Testing the petition in this case by the foregoing ruling, a cause of action was set out, as the facts alleged raised for…
2Cases cited2 opinions
- Usry v. Augusta Southern RailroadCourt of Appeals of Georgia · 1920
- Hodges v. MurkisonCourt of Appeals of Georgia · 1920
3Cited by2 opinions
- Baker v. Augusta Veneer Co.Court of Appeals of Georgia · 1931
- Savannah Warehouse & Compress Co. v. HayesCourt of Appeals of Georgia · 1922