Moore v. King Manufacturing Co.
Supreme Court of Georgia
Action for damages. Before Judge Henry. Floyd superior court. September 10, 1904. Rufus J. Moore brought bis action against the C. L. King Manufacturing Company, to recover damages for injuries alleged to have been sustained by him "while he, as an employee of the defendant, was repairing and adjusting a gang-saw in its machine-shop, which he alleged was suddenly and negligently put in motion by John L..
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Action for damages. Before Judge Henry. Floyd superior court. September 10, 1904. Rufus J. Moore brought bis action against the C. L. King Manufacturing Company, to recover damages for injuries alleged to have been sustained by him "while he, as an employee of the defendant, was repairing and adjusting a gang-saw in its machine-shop, which he alleged was suddenly and negligently put in motion by John L.. Shellenberger, general superintendent and principal managing. agent of the defendant company. The defendant in its answer denied that Shellenberger put the gang-saw in motion, and…
1Opinion of the CourtFish, C. J.
(After stating the facts.) 1. The court instructed the jury: “When an employee is confronted with two methods of doing a certain thing, the one safe and the other dangerous, he owes the duty to his employer to pursue the safe method, and any departure from the safe method will prevent his recovery in the event he is injured, that is, any intentional or conscious departure, any departure that was inconsistent with ordinary care.”- Error was assigned on this charge, because there was no evidence to authorize it. As set forth in the preceding statement of facts, the defendant contended that the…
2Cases cited10 opinions
- Kinnebrew v. StateSupreme Court of Georgia · 1887
- McDonald v. Eagle & Phenix Manufacturing Co.Supreme Court of Georgia · 1882
- Shepherd v. Southern Pine Co.Supreme Court of Georgia · 1903
- Atlanta Cotton Factory Co. v. SpeerSupreme Court of Georgia · 1883
- Hamby v. Union Paper-Mills Co.Supreme Court of Georgia · 1900
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Moore v. Dublin Cotton MillsSupreme Court of Georgia · 1907
- Queen v. Patent Scaffolding Co.Court of Appeals of Georgia · 1933
- Green v. Brinson Railway Co.Court of Appeals of Georgia · 1915