Keith v. Walker Iron & Coal Co

• Decision Date: 14 May 1888
• Court: Georgia Supreme Court
• Parties: Keith v. Walker Iron & Coal Co.

7 S.E. 166

81 Ga. 49

Keith

v.Walker Iron & Coal Co.

Supreme Court of Georgia.

May 14, 1888.

Master and Servant — Negligence of Fellow-Servant — Brick-Mason and Carpenter.

A corporation building a structure composed in part of brick-work and in part of wood-work, is not responsible for the fall of the masonry upon the carpenter, whereby he was killed, if due care was exercised in selecting the mason, and if there was no reason why he should not be fully trusted as an expert in his business, though his work proved defective, and the carpenter thereby lost his life; the two workmen being co-employes of a common master, and co-operating in their respective departments of labor to a common end, to-wit, the erection and completion of the contemplated structure.¹

(Syllabus by the Court.)

Error from superior court, Dade county; Fain, Judge.

Action by the widow of a deceased workman to recover damages for his death caused by the falling of an arch in a building upon which he was employed. Nonsuit granted, and plaintiff brings error.

Lumpkin & Brock, McKutchin & Shumate, and Mr. Graham, for plaintiff In error. W. N. & J. P. Jacoway, by R. J. McCamy, for defendant in error.

Bleckley, C. J. The company, a corporation desiring to build a magazine to contain its ammunition for use in blasting, had in its employment a force of carpenters, and also a brick-mason. The mason built an arch for this structure; and, after the arch was completed, he was consulted by the carpenters, through their foreman, to ascertain whether it was safe to remove the props that supported the arch temporarily. He pronounced it safe, and the props were removed. While they were engaged in the removal, the arch fell, and one of the carpenters was killed. The widow of the deceased carpenter brought this action to recover damages, and upon the trial the court granted a nonsuit. The question is whether the evidence made & prima facie case of negligence against the corporation, —negligence in the performance of its legal duties to the deceased carpenter. It is certain that to take the mason's opinion of the safety of the arch was the best means that the corporation had of deciding upon its safety. The mason was reputed to be of the first class, and he was paid by the corporation first-class wages. In the evidence there is no indication of negligence on the part of the corporation in selecting him. He was a proper man to intrust with the execution of the work, and with the decision of its safety. The...