Home/Supreme Court of Georgia/DeLay v. Southern Railway Co.

DeLay v. Southern Railway Co.

42 S.E. 218, 115 Ga. 934, 1902 Ga. LEXIS 649
CourtSupreme Court of Georgia
DecidedJuly 19, 1902
StatusPublished
Cited by6 cases

This text of 42 S.E. 218 (DeLay v. Southern Railway Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
DeLay v. Southern Railway Co., 42 S.E. 218, 115 Ga. 934, 1902 Ga. LEXIS 649 (Ga. 1902).

Opinion

ITsh, J.

Though there was evidence showing that the plaintiff was injured by reason of a defect in the implement furnished him with which-to work by his-master, the defendant, yet as it did not appear that the latter either knew, or in tile exercise of ordinary care and diligence ought to have known, of such defect, and did appear from the plaintiff’s own testimony that he had equal means with the master of ascertaining the existence of the - defect, the judgment of nonsuit was right. Civil Code, §§ 2611, 2612.

Judgment affirmed.

All the Justices concurring, except Lewis, J., absent.

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136 S.E.2d 451 (Court of Appeals of Georgia, 1964)
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45 S.E. 429 (Supreme Court of Georgia, 1903)

Cite This Page — Counsel Stack

Bluebook (online)
42 S.E. 218, 115 Ga. 934, 1902 Ga. LEXIS 649, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delay-v-southern-railway-co-ga-1902.