Crown Cotton Mills v. McNally
Supreme Court of Georgia
Action for damages. Before Judge Fite. Whitfield superior court. November 14, 1904. McNally brought suit against the Crown Cotton Mills, a corporation, seeking to recover damages for a personal injury.
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Action for damages. Before Judge Fite. Whitfield superior court. November 14, 1904. McNally brought suit against the Crown Cotton Mills, a corporation, seeking to recover damages for a personal injury. He alleged that he was an employee of the defendant, and was working on a certain machine; that it had rollers, teeth, and saws which were protected by an apron or door, which for the safety of the employee should be, and usually was, kept closed; and so;far as plaintiff knew had always been so kept while the machine was running; that to have left the door down or open so as to expose the…
1Opinion of the CourtLumpkin, J.
(After stating the facts.) 1-3. If there are latent defects in machinery, or dangers incident to an employment, unknown to a servant, of which the master knows or ought to know, he is bound to give the servant warning in respect thereto. But a servant assumes the ordinary risks of his employment, and is bound to exercise his own skill and diligence to protect himself. In a suit seeking to recover of a master, where it is claimed that .there was a failure of duty on his part in not giving to the servant notice or warning of a danger incident to his employment in connection with a machine, it…
2Cases cited8 opinions
- Evans v. MillsSupreme Court of Georgia · 1904
- Shields v. YongeSupreme Court of Georgia · 1854
- Ludd v. WilkinsSupreme Court of Georgia · 1903
- White v. Kennon & Co.Supreme Court of Georgia · 1889
- Hamby v. Union Paper-Mills Co.Supreme Court of Georgia · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Hightower v. LandrumCourt of Appeals of Georgia · 1964
- Southern Cotton-Oil Co. v. GladmanCourt of Appeals of Georgia · 1907
- Leggett v. BrewtonCourt of Appeals of Georgia · 1961
- Holman v. American Automobile Insurance CompanySupreme Court of Georgia · 1946
- Hendrix v. Vale Royal Manufacturing Co.Supreme Court of Georgia · 1910
38 more not listed; retrieve them via the Exa API.