McKerley v. Georgia School of Technology

Court of Appeals of Georgia

McKerley v. Georgia School of Technology

139 S.E. 361, 37 Ga. App. 72, 1927 Ga. App. LEXIS 462

CourtCourt of Appeals of Georgia

DecidedJuly 13, 1927

Docket17770

StatusPublished

This text of 139 S.E. 361 (McKerley v. Georgia School of Technology) 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

McKerley v. Georgia School of Technology, 139 S.E. 361, 37 Ga. App. 72, 1927 Ga. App. LEXIS 462 (Ga. Ct. App. 1927).

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Opinion

Stephens, J.

It appearing from the petition that the injuries which the plaintiff received as a result of the alleged negligent condition of steps which the plaintiff was using were caused solely by the negligence of the plaintiff’s fellow servants, without the knowledge or consent of the defendant, who was the master, in removing nails from the treads upon the steps just before the plaintiff stepped upon them, the petition set out no cause of action against the defendant, and was properly dismissed upon demurrer.

Judgment affirmed.

Jenkins, P. J.,, and Bell, J., concur.

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Stephens, J.

It appearing from the petition that the injuries which the plaintiff received as a result of the alleged negligent condition of steps which the plaintiff was using were caused solely by the negligence of the plaintiff’s fellow servants, without the knowledge or consent of the defendant, who was the master, in removing nails from the treads upon the steps just before the plaintiff stepped upon them, the petition set out no cause of action against the defendant, and was properly dismissed upon demurrer.

Judgment affirmed.

Jenkins, P. J.,, and Bell, J., concur.

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Bluebook (online)

139 S.E. 361, 37 Ga. App. 72, 1927 Ga. App. LEXIS 462, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckerley-v-georgia-school-of-technology-gactapp-1927.