Miller & Bussey v. Dugas
Miller & Bussey v. Dugas
Opinion of the Court
. As there is no conflict in the evidence on material points in this case, it will be necessary to consider and determine only one of the questions made, and that is, whether the wages of a conductor on a railroad passenger or freight train, where those wages average between $65 and $85 per month, subject to deduction for loss oF time, payable monthly, are exempt from garnishment under code, §3554, as the daily, weekly or monthly wages of a journeyman mechanic or day laborer. Whether his wages are exempt from garnishment depends upon the character of the service rendered by him. It is not claimed that he is a mechanic of any description, but it is contended that he is either a day laborer or journeyman. Unless, however, he performs manual labor, and is employed for that purpose, rather than on account of his skill or intellectual qualifications to discharge important functions in overlooking and directing the. operations of others engaged in running and managing the train of their common employer, and is one of them, and not above them in authority, he is not, according to the. case of Kyle & Co. vs. Montgomery, 73 Ga. R. 343, either one of the persons embraced in this section of the code whose wages are exempt from garnishment. The rules of the company in whose employment he earned the wages in question, prescribe his relations to the other hands engaged in running the train, and define his .duties. According to them, he is to control the running of trains, must see that schedule time is made wherever circumstances will permit, prevent reckless running
Judgment revérsed.
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