Robbins v. Ga. Power Co, s. 22654, 22655.

• Decision Date: 18 September 1933
• Docket Number: Nos. 22654, 22655.,s. 22654, 22655.
• Citation: 47 Ga.App. 517,171 S.E. 218
• Parties: ROBBINS . v. GEORGIA POWER CO. GEORGIA POWER CO. v. ROBBINS.
• Court: Georgia Court of Appeals

47 Ga.App. 517

171 S.E. 218

ROBBINS .

v.GEORGIA POWER CO.

GEORGIA POWER CO.

v.ROBBINS.

Nos. 22654, 22655.

Court of Appeals of Georgia, Division No. 2.

Sept. 18, 1933.

Syllabus by Editorial Staff.

Error from Superior Court, Fulton County; E. D. Thomas, Judge.

Suit by B. W. Robbins against the Georgia Power Company. To review the judgment plaintiff brings error; defendant filing a cross-bill of exceptions.

Affirmed on main bill of exceptions, and cross-bill dismissed.

A. E. Wilson and C. L. Padgett, both of Atlanta, for plaintiff in error.

Colquitt, Parker, Troutman & Arkwright and Harllee Branch, Jr., all of Atlanta, for defendant in error.

Syllabus Opinion by the Court.

STEPHENS, Judge.

1. When an instrumentality consists of a motor operated by electricity, with belts attached to go around the body of a person, and when operated causes a vibration of the body, and is used for the purpose of reducing surplus fat, and where the intensity of the vibrations can be regulated by the pressure of the body upon the belts, it is not, as respects any physical injuries to a person using the machine which might result from the vibration of the body, a dangerous instrumentality. Any physical danger to a person resulting from vibrations caused by the operation of the machine consists, not in any danger in the character of the machine or any defect therein, but solely in the speed at which the machine is operated and the intensity of the vibrations caused by its operation, which are under the control of the person operating the machine. A person having the machine for sale violates no duty to the person to whom it is delivered to be used for the purpose intended, in failing to warn him as to any danger in the use of the machine, and knowing him to be in bad health from the effects of a surgical operation in recommending the use of the machine to him as being beneficial to him physically, and recommending that he use it for a definite length of time and operate it at the highest speed at which it is capable of being operated.

2. Where a woman, after such a machine had been delivered to her to be used for the purpose indicated, with assurances from the person delivering it that the use of the machine would be beneficial to her, although she had undergone a surgical operation, that she could use the machine for ten minutes at a time while it was being operated at its highest rate of speed, and, after using the machine several times, suffered, as a result of the intense and fast...