Commercial Guano Co. v. Neather
Cases that cite this one
6 later published cases cite this decision.
- Allgood v. Monroe Oil & Fertilizer Co. (Ga. Ct. App. 1919)
- Stevens v. Bibb Manufacturing Co. (Ga. Ct. App. 1915)
- Elliott v. Tifton Mill & Gin Co. (Ga. Ct. App. 1913)
- Holton v. Hebard Cypress Co. (Ga. Ct. App. 1913)
- Howard v. Central of Georgia Railway Co. (Ga. 1912)
- Hendrix v. Vale Royal Manufacturing Co. (Ga. 1910)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
1. If no error be committed in admitting or rejecting evidence, and the verdict rendered is, under the law, demanded by the evidence, it is erroneous to grant a new trial; and this is so whether the instructions to the jury are or are not free from error. There was, in the present case, no error of the nature first above indicated.
2. Working in close proximity to a large, heavy, metallic shaft revolving at an exceedingly rapid rate of speed is so obviously attended with danger that the same should be apparent to any adult of ordinary common sense, in the least degree familiar with the operation of machinery of this kind ; and it is not, in such a case, incumbent upon an employer to give to an employee of the description above indicated any warning of the existence of such danger. See McDaniel v. Acme Brewing Co., 113 Ga. 80, and cases there cited.
3. Applying the foregoing rules to the evidence in the record, the trial judge erred in granting the plaintiff a new trial.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.