Southern Cotton Oil Co. v. Dukes
Supreme Court of Georgia
Action for damages. Before Judge Spence. Calhoun superior court. January 25, 1904. . Dukes brought suit against the Southern Cotton Oil Company, for personal injuries sustained while working as an employee of the defendant in an oil-mill.
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Action for damages. Before Judge Spence. Calhoun superior court. January 25, 1904. . Dukes brought suit against the Southern Cotton Oil Company, for personal injuries sustained while working as an employee of the defendant in an oil-mill. The negligence alleged in the original petition was .the failure of the defendant to furnish machinery equal in kind to that in general use and ordinarily safe for those who operate it with proper care; the specific act of negligence alleged being that the defendant furnished a seed-shaker which was connected by a belt with the main shafting in a building,…
1Opinion of the CourtCobb, J.
1. It appeared from the plaintiff’s evidence that the belt was in a defective condition and that its condition was well known to him; and thereupon, in open court, plaintiff’s counsel announced that he would not contend for a recovery upon the allegations of negligence alleged in the original petition, which related to the defective character of the machinery furnished, but would rely entirely upon the averments of negligence contained in the amendment. The court in its charge to the jury did not submit any issue growing out of the acts of negligence alleged in the original petition, but…
2Cases cited7 opinions
- Roberts v. StateSupreme Court of Georgia · 1901
- Eagle & Phenix Mills v. HerronSupreme Court of Georgia · 1904
- Howard v. SimpkinsSupreme Court of Georgia · 1883
- Austin v. ApplingSupreme Court of Georgia · 1891
- Duke v. Bibb Manufacturing Co.Supreme Court of Georgia · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Southern Cotton-Oil Co. v. GladmanCourt of Appeals of Georgia · 1907
- Southern States Portland Cement Co. v. HelmsCourt of Appeals of Georgia · 1907
- Atlanta & Birmingham Air-Line Railway v. McManusCourt of Appeals of Georgia · 1907
- Hubbard v. Macon Railway & Light Co.Court of Appeals of Georgia · 1908
- Novak v. RedwineCourt of Appeals of Georgia · 1954
22 more not listed; retrieve them via the Exa API.