Worlds v. Ga. R. Co

• Decision Date: 03 August 1896
• Citation: 99 Ga. 283,25 S.E. 646
• Parties: WORLDS. v. GEORGIA R. CO.
• Court: Georgia Supreme Court

25 S.E. 646

99 Ga. 283

WORLDS.

v.GEORGIA R. CO.

Supreme Court of Georgia.

Aug. 3, 1896.

Railroads—Sectionman— Assumption of Risks.

1. When one enters the service of another, he impliedly assumes the usual and ordinary risks incident to the employment about which he is engaged, and, in discharging the duties which he has undertaken to perform, he is bound to take notice of the ordinary and familiar laws of nature applicable to the subject to which his employment relates; and if he fails to do this, and in consequence is injured, the injury is attributable to the risks of the employment, and the master is not liable.

2. Where an employe of a railroad company, in the discharge of his duties, is directed to lift and carry an ordinary object, like a cross-tie, he is bound to take notice that it is heavy, and that a certain amount of physical strength will be required to accomplish the task; and if he misconceives the amount of physical strength to be exerted, and overstrains himself in lifting the tie, and is thereby injured, the master is not liable. The fact that he was acting under the orders of a superior at the time does not alter the question, even though he might have hadreason to believe that disobedience of the order would result in his dismissal.

(Syllabus by the Court.)

Error from city court of Richmond; W. F. Eve, Judge.

Action by William Worlds against the Georgia Railroad Company. From a judgment for defendant, plaintiff brings error. Affirmed.

The following is the official report:

Worlds sued the railroad company for damages for personal injuries. Defendant demurred generally to the petition. The petition was amended, and the demurrer renewed and sustained. To the ruling sustaining the demurrer, plaintiff excepted. The petition alleged: "Defendant has damaged plaintiff $5,000, by reason of the following facts: On January 1, 1894, and for some time previous, petitioner was employed by defendant as a yard train hand; his duties being to couple cars, and do general work about the yard. Said duties were performed by petitioner at night, in the yards of defendant. (3) On the night of said day, during the working hours of petitioner, a coal car became derailed; and petitioner, with others, was ordered by the yard master, one Tuggle, to carry cross-ties for the purpose of putting the car back on the track. The cross-ties were about 100 yards from where the car was derailed. (4) Petitioner was required by the yard master, under whose instructions he...