Cates v. Itner
Supreme Court of Georgia
Action for damages. Before Judge Berry. City court of Atlanta. November term, 1897. The damages were alleged to have been sustained by reason of the plaintiff having been struck by a piece of timber which slipped from a rope fastened to it for the purpose of raising it, by means of pulleys, to the top of a certain building then in course of erection, the defendant being a contractor engaged in erecting the building, and the plaintiff being one of his employees, and then…
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Action for damages. Before Judge Berry. City court of Atlanta. November term, 1897. The damages were alleged to have been sustained by reason of the plaintiff having been struck by a piece of timber which slipped from a rope fastened to it for the purpose of raising it, by means of pulleys, to the top of a certain building then in course of erection, the defendant being a contractor engaged in erecting the building, and the plaintiff being one of his employees, and then engaged, under his direction and supervision and that of a certain boss employed by him, in pulling the rope for the purpose…
1Opinion of the Court
Simmons, O. J.
The evidence in the record clearly shows that the plaintiff in this case was injured by reason of the negligence of a fellow-servant. This being true, he can not recover of the master. McDonald v. Eagle & Phenix Mfg. Co., 67 Ga. 761; s. c., fully reported, 68 Ga. 839; Stanley v. R. & D. Ext. Co., 72 Ga. 202; McGovern v. Columbus Mfg. Co., 80 Ga. 227.
Judgment affirmed.
All the Justices concwrring.
2Cases cited4 opinions
- McDonald v. Eagle & Phenix Manufacturing Co.Supreme Court of Georgia · 1882
- McGovern v. Columbus Manufacturing Co.Supreme Court of Georgia · 1888
- McDonald v. Eagle & Phenix Manufacturing Co.Supreme Court of Georgia · 1881
- Stanley v. Richmond & Danville Extension Co.Supreme Court of Georgia · 1884
3Cited by9 opinions
- Moore v. Dublin Cotton MillsSupreme Court of Georgia · 1907
- Owens v. San Pedro, L. A. & S. L. R.Utah Supreme Court · 1907
- Southern Railway Co. v. HeatonCourt of Appeals of Georgia · 1939
- Story v. Crouch Lumber CompanyCourt of Appeals of Georgia · 1939
- Moore v. King Manufacturing Co.Supreme Court of Georgia · 1906
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