Johnson v. Alabama & Georgia Iron Co.

Court of Appeals of Georgia

Johnson v. Alabama & Georgia Iron Co.

70 S.E. 156, 8 Ga. App. 787, 1911 Ga. App. LEXIS 148

CourtCourt of Appeals of Georgia

DecidedFebruary 15, 1911

Docket2615

StatusPublished

Cited by4 cases

This text of 70 S.E. 156 (Johnson v. Alabama & Georgia Iron Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Johnson v. Alabama & Georgia Iron Co., 70 S.E. 156, 8 Ga. App. 787, 1911 Ga. App. LEXIS 148 (Ga. Ct. App. 1911).

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Opinion

Powell, J.

This is a hard case, and there is always a danger that hard eases will tempt judges into making decisions contrary to the law; and personally we regret that we have to give this ease the end the law compels us to give it. A common laborer engaged in hazardous employment is hurt by one of the hazards of that employment. The only fault attributable to him (if such a thing can be called a fault) is that -he exposed himself to these dangers in order to earn his daily bread. It does look hard that he must stand all the loss resulting from the injury. And yet, under the facts of this case and the law applicable thereto, such is the necessary result; for, despite the plausibility with which his able counsel have grouped the facts toward giving the case the appearance of being actionable as against the master, a careful study of the facts alleged shows that a legal cause of action does not exist.

Judgment affirmed.

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Powell, J.

This is a hard case, and there is always a danger that hard eases will tempt judges into making decisions contrary to the law; and personally we regret that we have to give this ease the end the law compels us to give it. A common laborer engaged in hazardous employment is hurt by one of the hazards of that employment. The only fault attributable to him (if such a thing can be called a fault) is that -he exposed himself to these dangers in order to earn his daily bread. It does look hard that he must stand all the loss resulting from the injury. And yet, under the facts of this case and the law applicable thereto, such is the necessary result; for, despite the plausibility with which his able counsel have grouped the facts toward giving the case the appearance of being actionable as against the master, a careful study of the facts alleged shows that a legal cause of action does not exist.

Judgment affirmed.

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Bluebook (online)

70 S.E. 156, 8 Ga. App. 787, 1911 Ga. App. LEXIS 148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-alabama-georgia-iron-co-gactapp-1911.

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