Rome Furnace Co v. Patterson

• Decision Date: 12 July 1904
• Citation: 120 Ga. 521,48 S.E. 166
• Parties: ROME FURNACE CO. v. PATTERSON.
• Court: Georgia Supreme Court

48 S.E. 166

120 Ga. 521

ROME FURNACE CO.

v.PATTERSON.

Supreme Court of Georgia.

July 12, 1904.

NEGLIGENCE—INJURY TO TRESPASSER.

1. While a trespasser, notwithstanding his trespass, may have redress for injuries inflicted upon him by the active negligence of the owner or occupant of the premises, yet, in order for the latter to be liable in damages for such injuries, he must, at the time of such negligence, nave known, or had good reason to apprehend, the presence of the trespasser where he was likely to be thereby injured.

(Syllabus by the Court.)

Error from Superior Court, Floyd County; W. M. Henry, Judge.

Action by one Patterson against the Rome Furnace Company. A demurrer to the petition was overruled, and defendant brings error. Reversed.

R. T. Fouche and R. J. & J. McCamy, for plaintiff in error.

Halstead Smith and Seaborn & Barry W'right, for defendant in error.

FISH, P. J. By an explosion of dynamite in a blacksmith shop owned and controlled by the Rome Furnace Company, and operated by its employes, the plaintiff, who, from the allegations of his petition, appears to have been a mere casual visitor to and lounger in the shop, was terribly injured. He sued the company for damages sustained in consequence of such explosion. There was a demurrer to his petition, which was overruled, and the defendant excepted.

Among other things, the petition alleged: "At the time petitioner went in said blacksmith shop there was a lard can sitting on the side of the forge, the contents of which petitioner did not know until he had been in said blacksmith shop for several minutes. Petitioner learned of the contents of said can by seeing * * * one of the employes of said Rome Furnace Company come in and take several sticks of dynamite out of the can. Shortly after said employee took the dynamite out of the can, * * * Horton [an employe of the defendant company In charge of the shop] took hold of the lever of the bellows of the forge and began to blow the bellows. About the time that he did so, petitioner heard a noise, and saw the bellows fly back, and * * * Horton began to run and cried out, 'God damn! run.' As he said this he was about out of the door. Petitioner looked back, and saw a blue blaze on top of this can, and started to run out of the door, and was in the act of going out of the door, when an explosion occurred, " by which he was injured as specified in the petition. It was further alleged that it was negligence on the part of the defendant to expose dynamite to the heat of the forge of the blacksmith shop, and it was further negligent to blow the bellows as stated, and by reason of such negligence the explosion occurred and the plaintiff was injured; that dynamite is a dangerous explosive, and was known to be such by the defendant and its employes, and the defendant was then using it for the purpose of blasting in its mines; that the dynamite was the property of the defendant, and for the use of its employes; that Horton, as an employe of the defendant, was in charge of the dynamite...