Legal Opinion

Nichols v. Atlantic Ice & Coal Corp.

Court of Appeals of Georgia

Decided March 26, 1921No. 12176Published

Action for damages; from city court of Atlanta — Judge Beid. October 16, 1920. Application for certiorari was denied by the Supreme Court. Nichols sued the Atlantic Ice- & Coal Corporation for damages on account of an injury alleged to have been received while he was running a rip-saw for the defendant at its plant in Atlanta.

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Action for damages; from city court of Atlanta — Judge Beid. October 16, 1920. Application for certiorari was denied by the Supreme Court. Nichols sued the Atlantic Ice- & Coal Corporation for damages on account of an injury alleged to have been received while he was running a rip-saw for the defendant at its plant in Atlanta. The allegations of his petition are substantially as follows: Except in a general way, he was unfamiliar with the operation of rip-saws, and did not know when they were in a defective condition. The rip-saw which he was operating was defective, in' that it had no shield…

1Opinion of the CourtHill, J.

1. Where suit is brought by a servant against his master for injuries resulting from defective machinery, it must appear, before there can be a recovery, that the servant injured did not know and had not equal means of knowing of the defective condition of the machinery • alleged to have caused his injury, and by the exercise of ordinary care could not have known thereof. Civil Code (1910), § 3131.

2. It affirmatively appearing, from the allegations in the petition, that the alleged defect in the rip-saw, and the insufficient assistance constituting the ground of negligence for which the…

2Cases cited2 opinions

  1. Butler v. Atlanta Buggy Co.Court of Appeals of Georgia · 1911
  2. Flury v. Hightower Box & Tank Co.Supreme Court of Georgia · 1909

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