Hodges v. Murkison
Court of Appeals of Georgia
Action for damages; from city court of Bainbridge—Judge Spooner. April 14, 1919. The petition alleges, that the plaintiff was a locomotive engineer on a log-train operated by the defendant; that he hauled the log-train from the defendant’s mill to the woods, and back to the mill and to the log ramp (describing it), where logs were unloaded from the train, remaining on his engine while the logs were unloaded; that the skids composing the log ramp were about eight or’ten…
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Action for damages; from city court of Bainbridge—Judge Spooner. April 14, 1919. The petition alleges, that the plaintiff was a locomotive engineer on a log-train operated by the defendant; that he hauled the log-train from the defendant’s mill to the woods, and back to the mill and to the log ramp (describing it), where logs were unloaded from the train, remaining on his engine while the logs were unloaded; that the skids composing the log ramp were about eight or’ten feet'apart, and the logs hauled on the train ranged in length from thirty to sixty feet; that he had never worked at or on a…
1Opinion of the CourtJenkins, P. 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 does 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. If, under the circumstances existing at the time of its issuance, the giving of such an order constitutes negligence, but the servant, acting under the duty and obligation thus resting upon him,, proceeds to execute the command, and is injured as a consequence, the master is…
2Cases cited2 opinions
- International Cotton Mills v. WebbCourt of Appeals of Georgia · 1918
- Whiters v. Mallory Steamship Co.Court of Appeals of Georgia · 1918
3Cited by4 opinions
- Borochoff v. FowlerCourt of Appeals of Georgia · 1958
- Baker v. Augusta Veneer Co.Court of Appeals of Georgia · 1931
- Savannah Warehouse & Compress Co. v. HayesCourt of Appeals of Georgia · 1920
- Rabon v. Atlantic Coast Line RailroadCourt of Appeals of Georgia · 1927