Horne v. Atlanta, Birmingham & Coast Railroad

I can not concur in the opinion affirming the judgment of the lower court sustaining the general demurrer to this petition. When the plaintiff alleges that under the order of the defendant, and as a part of the work he was employed to do, he made complaint to the defendant that one man was not sufficient to lift one end of a steel rail (it also being alleged that “plaintiff was not familiar with, and had no knowledge of the ex*121treme weight of said rail”), the defendant ordered him to proceed with the lifting of the rail, telling him, “Go ahead, there is no danger, it is not going to hurt you,”…