McGovern v. Columbus Manufacturing Co.
Supreme Court of Georgia
Master and servant. Damages. Negligence. Officers. Before Judge Willis. Muscogee superior court. November adjourned term, 1886. ’ . The plaintiff made the following allegations: He was employed by defendant, a cotton manufacturing company,’.. to attend to one of their machines, called a picker, in their, regular business.
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Master and servant. Damages. Negligence. Officers. Before Judge Willis. Muscogee superior court. November adjourned term, 1886. ’ . The plaintiff made the following allegations: He was employed by defendant, a cotton manufacturing company,’.. to attend to one of their machines, called a picker, in their, regular business. It was his duty to manage it, and while, in the discharge of his duties connected therewith, without fault on his part, the company’s servants turned steam-on the machine and started it in motion at a time when, by the rules of the company and the orders of its officers, it…
1Opinion of the Court
Bleckley, Chief Justice.
This was-an action by an employe against the common master, for an injury sustained in consequence of the negligence of a co-employé. A nonsuit was granted, and that is said to be error for two reasons': (l) That the doctrine that a master is not liable 'for the negligence of an employé by which a co-employé is injured, does not prevail in -Georgia; and (2) in'this particular case the co-employé, whose negligence caused the injury, was not strictly en*230gaged in the same service, but was a superior, exercising power over the injured man, and therefore represented the…
2Cases cited5 opinions
- Henderson v. WalkerSupreme Court of Georgia · 1875
- McDonald v. Eagle & Phenix Manufacturing Co.Supreme Court of Georgia · 1882
- Western & Atlantic Railroad v. AdamsSupreme Court of Georgia · 1875
- Crusselle v. PughSupreme Court of Georgia · 1880
- McDonald v. Eagle & Phenix Manufacturing Co.Supreme Court of Georgia · 1881
3Cited by8 opinions
- Moore v. Dublin Cotton MillsSupreme Court of Georgia · 1907
- Ell v. Northern Pacific RailroadNorth Dakota Supreme Court · 1891
- Hamby v. Union Paper-Mills Co.Supreme Court of Georgia · 1900
- Cates v. ItnerSupreme Court of Georgia · 1898
- Gunn v. WillinghamSupreme Court of Georgia · 1900
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