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McKerley v. Georgia School of Technology

McKerley v. Ga. Sch. of Tech., 139 S.E. 361 (Ga. Ct. App. 1927)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
July 13, 1927
Docket
No. 17770
Judges
Bell, Jenkins, Stephens
Citations
139 S.E. 36137 Ga. App. 721927 Ga. App. LEXIS 462

Opinion of the Court — Stephens

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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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