Williams v. Garbutt Lumber Co.
Supreme Court of Georgia
Action for damages. Before Judge. Whipple. Ben Hill superior court. October 21, 1907. S. P. Williams brought suit against the Garbutt Lumber Company, alleging in substance as follows: On March 23, 1906, the plaintiff was in the employment of the defendant, his duties being to cut logs which were to be used at the sawmill of defendant, and which it was customary to transport by hauling them to the defendant company’s tramroad and loading them on trucks which were drawn by a…
Read the full summary
Action for damages. Before Judge. Whipple. Ben Hill superior court. October 21, 1907. S. P. Williams brought suit against the Garbutt Lumber Company, alleging in substance as follows: On March 23, 1906, the plaintiff was in the employment of the defendant, his duties being to cut logs which were to be used at the sawmill of defendant, and which it was customary to transport by hauling them to the defendant company’s tramroad and loading them on trucks which were drawn by a steam-engine. The loading of the logs would sometimes require the work of more men than were engaged on the cars or…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.) The general rule requires a master to use ordinary diligence to furnish the servant with appliances reasonably suited to the use for which, they are intended, and to use like diligence in inspecting and keeping them in proper condition for use. To this general rule some courts of other States have declared that there exists what has been denominated an exception as to “simple tools.” The basis on which this has been placed by some of the courts is that where a tool or instrumentality is so entirely simple in its nature and character that its condition can…
2Cases cited23 opinions
- Moore v. Dublin Cotton MillsSupreme Court of Georgia · 1907
- Martin v. Highland Park Mfg. Co.Supreme Court of North Carolina · 1901
- Georgia Railroad & Banking Co. v. NelmsSupreme Court of Georgia · 1889
- Cheeney v. Ocean Steamship Co.Supreme Court of Georgia · 1893
- Stork v. Charles Stolper Cooperage Co.Wisconsin Supreme Court · 1906
18 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Corby v. Missouri & Kansas Telephone Co.Supreme Court of Missouri · 1910
- Norris v. American Railway Express Co.Supreme Court of Georgia · 1923
- Elrod v. OglesCourt of Appeals of Georgia · 1948
- Southern Railway Co. v. CowanCourt of Appeals of Georgia · 1936
- Gekas v. Oregon-Washington R. & N. Co.Oregon Supreme Court · 1915
19 more not listed; retrieve them via the Exa API.