Cates v. Itner
| Decision Date | 07 June 1898 |
| Citation | 104 Ga. 679,30 S.E. 884 |
| Parties | CATES. v. ITNER. |
| Court | Georgia Supreme Court |
Master and Servant—Vice Principal.
A workman engaged in the same job with others, and having direction of it. is not a vice principal of the master, but stands on the footing of a mere fellow servant.
(Syllabus by the Court.)
Error from city court of Atlanta; J. D. Berry, Judge,
Action by Newton Cates against Nicholas Itner. Judgment for defendant. Plaintiff brings error. Affirmed.
P. P. Smith and R. R. Shropshire, for plaintiff in error.
Watkins & Dean, for defendant in error.
The evidence in the record clearly shows that the plaintiff in this case was injured by reason of the negligence of a fellow servant. This being true, he cannot recover of the master. McDonald v. Manufacturing Co., 67 Ga. 761, fully reported in 68 Ga. 839; Stanley v. Extension Co., 72 Ga. 202; McGovern v. Manufacturing Co., 80 Ga. 227, 5 S. E. 775. Judgment affirmed. All the justices concurring.
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Moore v. Dublin Cotton Mills
... ... of providing the appliance the defect in which caused the ... injury to plaintiff. The case of Cates v. Itner, 104 ... Ga. 679, 30 S.E. 884, is similar to the McDonald Case and the ... McGovern Case; the employé alleged to be the vice principal ... ...
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Southern Ry. Co. v. Heaton
... ... See Whitfield v. L. & N ... Railroad Co., 7 Ga.App. 268, 270, 66 S.E. 973; McDonald v ... Eagle & Phenix Mfg. Co., 68 Ga. 839, 844; Cates v ... Itner, 104 Ga. 679, 30 S.E. 884. The petition alleged ... that the car furnished the plaintiff was an old official car, ... and was not ... ...
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Southern Ry. Co v. Heaton
...Whitfield v. L. & N. Railroad Co., 7 Ga.App. 268, 270, 66 S.E. 973; McDonald v. Eagle & Phenix Mfg. Co., 68 Ga. 839, 844; Cates v. Itner, 104 Ga. 679, 30 S.E. 884. The petition alleged that the car furnished the plaintiff was an old official car, and was not constructed for the purpose of h......
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Owens v. San Pedro, L.A. & S.L.R. Co.
... ... 346, 16 S.Ct. 843, 40 L.Ed. 994; ... Hofnagle v. N.Y. Cent. R. R., 55 N.Y. 608; ... Callan v. Bull, 113 Cal. 593, 45 P. 1017; Cates ... v. Itner, 104 Ga. 679, 30 S.E. 884; Andre v. Winslow ... Elevator Co., 117 Mich. 560, 76 N.W. 86; McLaughlin ... v. Camden Iron Works, 60 ... ...