Georgia Court of Appeals, 1908

Short v. Cherokee Manufacturing Co.

Short v. Cherokee Manufacturing Co.
Georgia Court of Appeals · Decided January 15, 1908 · Hill
3 Ga. App. 377; 59 S.E. 1115; 1908 Ga. App. LEXIS 153

Short v. Cherokee Manufacturing Co.

Opinion of the Court

Hill, C. J.

The alleged defect in the machinery and the unsafe condition of the floor, which concurrently caused the plaintiff’s injury, according to his own evidence were known to him, or by the exercise of ordinary care could have been known to him. Being, therefore, the ordinary risks of his employment and assumed by him, the judgment of nonsuit was properly granted. Civil Code, §2612; Banks v. Schofield’s Sons Co., 126 Ga. 671 (55 S. E. 939); Crown Cotton Mills v. McNally, 123 Ga. 35 (51 S. E. 13). Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.