Legal Opinion

Crown Cotton Mills v. McNally

Supreme Court of Georgia

Decided May 13, 1905PublishedCited by 43 opinions

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

  1. Evans v. MillsSupreme Court of Georgia · 1904
  2. Shields v. YongeSupreme Court of Georgia · 1854
  3. Ludd v. WilkinsSupreme Court of Georgia · 1903
  4. White v. Kennon & Co.Supreme Court of Georgia · 1889
  5. Hamby v. Union Paper-Mills Co.Supreme Court of Georgia · 1900

3 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. Hightower v. LandrumCourt of Appeals of Georgia · 1964
  2. Southern Cotton-Oil Co. v. GladmanCourt of Appeals of Georgia · 1907
  3. Leggett v. BrewtonCourt of Appeals of Georgia · 1961
  4. Holman v. American Automobile Insurance CompanySupreme Court of Georgia · 1946
  5. Hendrix v. Vale Royal Manufacturing Co.Supreme Court of Georgia · 1910

38 more not listed; retrieve them via the Exa API.

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