Holton v. Hebard Cypress Co.

Court of Appeals of Georgia

Holton v. Hebard Cypress Co.

79 S.E. 85, 13 Ga. App. 273, 1913 Ga. App. LEXIS 118

Court of Appeals of Georgia·Decided August 25, 1913·No. 4831·Published·Cited by 1 cases

Opinion

Pottle, J.

This ease is controlled by the decision of this court in Elliott v. Tifton Mill & Gin Co., 12 Ga. App. 498 (77 S. E. 667), and the decision of the Supreme Court in Commercial Guano Co. v. Heather, 114 Ga. 416 (40 S. E. 299). An adult servant was injured by coming in contact with a revolving shaft upon which was a set-screw which caught in the servant’s clothing. Held, that the danger of coming into proximity to the shafting was obvious to a person of the servant’s age and experience, and it was not incumbent upon the master to give him warning with respect thereto. A nonsuit was properly awarded.

Judgment affirmed.

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Pottle, J.

This ease is controlled by the decision of this court in Elliott v. Tifton Mill & Gin Co., 12 Ga. App. 498 (77 S. E. 667), and the decision of the Supreme Court in Commercial Guano Co. v. Heather, 114 Ga. 416 (40 S. E. 299). An adult servant was injured by coming in contact with a revolving shaft upon which was a set-screw which caught in the servant’s clothing. Held, that the danger of coming into proximity to the shafting was obvious to a person of the servant’s age and experience, and it was not incumbent upon the master to give him warning with respect thereto. A nonsuit was properly awarded.

Judgment affirmed.

Holton v. Hebard Cypress Co., 79 S.E. 85, 13 Ga. App. 273, 1913 Ga. App. LEXIS 118 (Ga. Ct. App. 1913).

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