Willingham v. Rockdale Oil & Fertilizer Co.
Willingham v. Rockdale Oil & Fertilizer Co.
Opinion of the Court
The plaintiff was nonsuited; and he complains of the ruling of the court, and assigns as error that the proof showed the defendant to be negligent in running its machinery while out of repair, and negligent in not stopping and putting the machinery in repair, and in running such machinery at the risk of its servants, when the defects were known to it. The plaintiff was in the employ of the defendant as night superintendent, and was injured by being caught in a belt while he was holding it and trying to keep it on, the machinery being in operation and the belt running while he was making this attempt. It was further in evidence that the plaintiff had worked with the defendant in the mill for a number of years and for a considerable length of time in the capacity of night superintendent of the mill, was acquainted with the machinery and its operation, and had charge of operating and directing it at night; that previous to his being hurt, the belt had run off, that he had cut, sewed and placed it in position again, and seeing that it was about to run off again, he “soaped” it and was endeavoring to hold it on when he was injured.
Our Civil Code, § 2612, declares, that a servant assumes the ordinary risk of his employment, and is bound to exercise his
If the plaintiff, by the exercise of ordinary care, could have avoided the consequences to himself caused by the defendant’s negligence, he is not entitled to recover. Civil Code, § 3830. So that even if the master was negligent in the matter of furnishing safe machinery, this plaintiff could not recover. He could well have avoided the injury. The nonsuit was properly awarded. Hoyle v. Excelsior Co., 95 Ga. 34; 50 Am. R. 798; see also Bell v. W. & A. R. R., 70 Ga. 566; Nelling v. Industrial Co., 78 Ga. 260; 49 Mich. 466.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.