Freeman v. Savannah Electric Co.
Supreme Court of Georgia
Action for damages. Before Judge Cann. Chatham superior court. March 19, 1907. J. W. Freeman brought suit against the Savannah Electric Company, alleging, in brief, as follows: 'He was-a motorman employed by the defendant, and was engaged in running one of its cars. A brake which he was using as motorman was out of order on account of the “shoe” being worn out, so as not to catch.
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Action for damages. Before Judge Cann. Chatham superior court. March 19, 1907. J. W. Freeman brought suit against the Savannah Electric Company, alleging, in brief, as follows: 'He was-a motorman employed by the defendant, and was engaged in running one of its cars. A brake which he was using as motorman was out of order on account of the “shoe” being worn out, so as not to catch. He was not aware of this defect until after he started to work on the day of the occurrence involved in the suit, at 2:30 o’clock p. m., and only discovered the defective condition of the brake after he had…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
This ease comes before us as an exception to the dismissal of an action for damages, on general demurrer. While negligence, as a question of fact, under the evidence, is for the determination of the jury, if a prima facie case is made out, yet whether a petition on its face sets out a cause of action must be determined by the court, if a demurrer is interposed. Hill v. Louisville & Nashville R. Co., 124 Ga. 243 (52 S. E. 651, 3 L. R. A. (N. S.) 432). The general rules in regard to the duty of a master to use care in furnishing his employee with reasonably…
2Cases cited12 opinions
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- Illinois Steel Co. v. MannIllinois Supreme Court · 1897
- Meador v. Lake Shore & Michigan Southern Railway Co.Indiana Supreme Court · 1894
- Bush v. West Yellow Pine Co.Court of Appeals of Georgia · 1907
- Cheeney v. Ocean Steamship Co.Supreme Court of Georgia · 1893
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3Cited by15 opinions
- Central of Georgia Railway Co. v. LarsenCourt of Appeals of Georgia · 1917
- Cochrell v. Langley Manufacturing Co.Court of Appeals of Georgia · 1908
- Brown v. Rome Machine & Foundry Co.Court of Appeals of Georgia · 1908
- Rome Railway & Light Co. v. KingCourt of Appeals of Georgia · 1923
- Morse v. TurnerCourt of Appeals of Georgia · 1917
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