Singleton v. Merchants & Miners Transportation Co.

Georgia Court of Appeals
Singleton v. Merchants & Miners Transportation Co., 4 Ga. App. 462 (1908)
61 S.E. 881; 1908 Ga. App. LEXIS 445
Powell

Singleton v. Merchants & Miners Transportation Co.

Opinion of the Court

Powell, J.

The action is by a ship-hand against the owners, for injuries received while loading freight. The evidence tends to indicate either that the injury was occasioned by the negligence of fellow servants— as to this defendant a non-actionable transaction, or through haste in the manner in which the loading was being done under the orders of a foreman, — a thing for which the defendant primarily would be liable. Nevertheless the situation was manifestly patent, and the servant, by voluntarily continuing to work under the circumstances, in legal contemplation evinced a willingness to assume risk of injury. The grant of a nonsuit was, therefore, not erroneous. Judgment affirmed.

Shelby Myrick, for plaintiff. O’Connor, O’Byrne & Hartridge, for defendant.

Reference

Full Case Name
Singleton v. Merchants & Miners Transportation Company
Cited By
1 case
Status
Published