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Johnson v. Alabama & Georgia Iron Co.

Johnson v. Ala. & Ga. Iron Co., 70 S.E. 156 (Ga. Ct. App. 1911)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
February 15, 1911
Docket
No. 2615
Judges
Powell
Citations
70 S.E. 1568 Ga. App. 7871911 Ga. App. LEXIS 148
Headnotes
The petition did not set forth a cause of action. Hence, the court did not . err in sustaining the general demurrer.
Summary
Action for damages; from city court of Polk county — Judge Irwin. April 11, 1910.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Powell

Text extracted by OCR from a scanned original; check the original for exact wording.

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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1917: 11967: 11969: 119172026peak 1917 · 1

Relies on it most ⓘ

  1. Freeman v. Martin156 S.E.2d 511 (Ga. Ct. App. 1967)
  2. Stukes v. Trowell168 S.E.2d 616 (Ga. Ct. App. 1969)
  3. Brown v. Mayor of Milledgeville93 S.E. 25 (Ga. Ct. App. 1917)

Most recent

  1. Stukes v. Trowell168 S.E.2d 616 (Ga. Ct. App. 1969)
  2. Freeman v. Martin156 S.E.2d 511 (Ga. Ct. App. 1967)
  3. Brown v. Mayor of Milledgeville93 S.E. 25 (Ga. Ct. App. 1917)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

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