Caudell v. Hardaway Contracting Co.
Supreme Court of Georgia
Action for damages. Before Judge Jones. Rabun superior court. August 24, 1915. T. M. Caudell brought suit to recover damages, alleging, that while engaged in tearing down certain forms which had been constructed and used in building concrete buttresses of a dam, he went upon a form, and while thereon, holding a piece of 2 x 8 timber which had been nailed to a 4 i 6 piece, he fell from another piece of timber 4x6, and received -specified injuries; that the piece of timber to…
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Action for damages. Before Judge Jones. Rabun superior court. August 24, 1915. T. M. Caudell brought suit to recover damages, alleging, that while engaged in tearing down certain forms which had been constructed and used in building concrete buttresses of a dam, he went upon a form, and while thereon, holding a piece of 2 x 8 timber which had been nailed to a 4 i 6 piece, he fell from another piece of timber 4x6, and received -specified injuries; that the piece of timber to which he was holding had been carelessly and negligently put up and insufficiently nailed, and in consequence it came…
1Opinion of the CourtBeck, J.
(After stating the foregoing facts.) There was no error in granting a nonsuit. The plaintiff’s evidence does not Show that the defendant was guilty of negligence in the respects pointed out in the petition. The plaintiff certainly knew that the forms were of a temporary character, and not intended to be permanent. He was 26 years old and had sufficient experience as a carpenter to be making about $2.50 per day. He knew that the forms were to be torn down. In tearing down the temporary structure it is necessary to prize loose certain timbers; and the plaintiff, using a bar for that purpose,…
2Cases cited1 opinion
- Babcock Bros. Lumber Co. v. JohnsonSupreme Court of Georgia · 1904
3Cited by3 opinions
- Culbreath v. Kutz Co.Court of Appeals of Georgia · 1927
- Jackson v. ThomCourt of Appeals of Georgia · 1950
- Barron v. EvansCourt of Appeals of Georgia · 1967