Robbins v. Georgia Power Co.

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

171 S.E. 218

47 Ga.App. 517

ROBBINS v. GEORGIA POWER CO.

GEORGIA POWER CO. v. ROBBINS.

Nos. 22654, 22655.

Court of Appeals of Georgia, Second Division

September 18, 1933

Syllabus by Editorial Staff.

Electric body-vibrating machine, intensity of vibrations of which can be regulated by pressure of body upon belts, is not "dangerous instrumentality," so as to render furnisher thereof liable for failure to warn customer as to danger in use of machine, or in recommending its use to customer known to be in bad health.

Furnisher of electric body-vibrating machine to woman who suffered displacement of kidney as result of fast vibrations of machine held not negligent, although furnisher told customer that she could use machine for 10 minutes at a time while it was being operated at its highest speed notwithstanding customer had undergone a surgical operation.

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.

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...