Supreme Court of Georgia, 1901

Thomas v. Atlanta Machine Works

Thomas v. Atlanta Machine Works
Supreme Court of Georgia · Decided January 26, 1901 · Cobb
112 Ga. 666; 37 S.E. 885; 1901 Ga. LEXIS 44

Thomas v. Atlanta Machine Works

Opinion of the Court

Cobb, J.

Taking the evidence as a whole and considering it in that light which is most favorable to the plaintiff’s contention, the occurrence out of which the injury to the plaintiff arose was either a pure casualty or one of the ordinary risks of the particular employment which the employee necessarily assumed. *667In either event no liability arose against the defendant, and a nonsuit was properly granted.

Argued January 8, Decided January 26, 1901.Action for damages. Before Judge Calboun. City court of Atlanta. March 27, 1900.Mayson & Hill, for plaintiff. Howard Van Epps and George T. Holmes, for defendant.

Judgment affirmed.

All the Justices concurring.

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