Naylor v. Chickamauga Quarry & Construction Co.
Court of Appeals of Georgia
Action for damages; from city court of Savannah—Judge Davis Freeman. December 19, 1916. The petition as amended alleges, that the plaintiff was employed by the defendant company as timekeeper and keeper of stores at the work performed by the company on a certain warehouse which was being constructed. The defendant was constructing the concrete floor of the warehouse and had complete charge of the same.
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Action for damages; from city court of Savannah—Judge Davis Freeman. December 19, 1916. The petition as amended alleges, that the plaintiff was employed by the defendant company as timekeeper and keeper of stores at the work performed by the company on a certain warehouse which was being constructed. The defendant was constructing the concrete floor of the warehouse and had complete charge of the same. On September 4, 1916, the plaintiff, in the performance of his duties, was going from the defendant’s office into a compartment in the northwestern section of the building, on the concrete…
1Opinion of the CourtLuke, J.
The petition did not set forth a cause of action, and the court did not err in sustaining the demurrer. Cowart v. Southern Marble Co., 144 to. 254 (87 S. E. 282); Wadley Southern Ry. Co. v. Durden, 142 Ga. 361 (82 S. E. 1055).
Judgment affirmed.
Wade, C. J., and George, J., concur. The defendant demurred to the petition on the ground that no cause of action was set forth, and by special demurrer made the contentions, among others, that the petition did not affirmatively allege facts showing why the plaintiff did not have equal means with the defendant of knowing the facts referred to; and that…
2Cases cited14 opinions
- Chenall v. Palmer Brick Co.Supreme Court of Georgia · 1903
- Moore v. Dublin Cotton MillsSupreme Court of Georgia · 1907
- Southern States Portland Cement Co. v. HelmsCourt of Appeals of Georgia · 1907
- Eagle & Phenix Mills v. HerronSupreme Court of Georgia · 1904
- Austin v. ApplingSupreme Court of Georgia · 1891
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3Cited by2 opinions
- Tufts v. ThrelkeldCourt of Appeals of Georgia · 1923
- Alexander v. Atlantic Coast Line RailroadCourt of Appeals of Georgia · 1919