Self v. West, 33299
| Decision Date | 01 December 1950 |
| Docket Number | No. 1,No. 33299,33299,1 |
| Citation | 82 Ga.App. 708,62 S.E.2d 424 |
| Parties | SELF v. WEST |
| Court | Georgia Court of Appeals |
Syllabus by the Court
1. (a) The pleaded facts show that the duties of the plaintiff in connection with the operation of a 'rocket ride' were of a dangerous nature, and it is alleged that the work was dangerous per se. In the absence of any allegation to the contrary, it must be assumed that the plaintiff was of ordinary intelligence and laboring under no disability which rendered him incapable of knowing and appreciating the dangers incident to his employment. The ordinary risks of the employment, though there be dangers attendant thereon, are assumed by the servant, and especially is this true where the dangers are obvious.
(b) Where it apepars from the petition, as it does here, that the danger of the employment was obvious and that the plaintiff had equal means with the defendant of knowing and appreciating the danger of such employment, it will be deemed that the plaintiff assumed the risks of his employment and is not entitled to recover under the allegations of the petition.
2. The petition was subject to general demurrer, and the trial judge did not err in sustaining the demurrer and in dismissing the action.
E. B. Judge, Atlanta, for plaintiff in error.
Fine & Efurd, Frank L. Conner, Atlanta, for defendant in error.
Charlie D. Self sued Mary Millican West and the Southeastern Fair Association for $25,000 damages, in Fulton Superior Court, and alleged, substantially, that on or about October 1, 1949, he was employed by Mary Millican West to operate a ride known as 'The Rocket', which was located at Lakewood Park, Fulton County, Georgia, and was being operated under the auspices of the Southeastern Fair Association; that the rocket ride was owned by Mary Millican West and was operated by her and her agents and servants; that the petitioner was working on another ride known as 'The Wheel', but upon request of the defendant, West, he quit that job and accepted the job of operating the rocket ride at a salary of $150 for a period of ten days; that upon accepting the terms of employment and beginning work as an operator of the rocket ride the petitioner was given instructions on the operation, maintenance, and care of the ride by West Millican, an agent of the defendant, West; that along with the operating instructions of said rocket ride the petitioner was given further instructions on how to grease or powder the tracks, upon which said rocket ride operated, as follows: the petitioner was to take a substance designated to him as a 'powder' for the greasing of the rocket ride track, slow the speed of the rocket ride to approximately five miles per hour, mount said ride between the cars for carrying passengers and sprinkle the powder on the track, after which the petitioner would have to dismount while the ride was still in motion, all of which was dangerous per se, and such danger should have been made known to the petitioner along with the instructions for operation, but the petitioner was never warned of the danger of his occupation; that the petitioner did operate said ride for the defendant, West, diligently and with due care and caution, according to the instructions given by the defendant, West, through her agent, West Millican; that the petitioner proceeded to grease or powder the tracks by and through the instructions and orders of the defendant, West, and after completing that portion of the job did attempt to get off of the ride, all according to instructions, but in doing so, while in the exercise of ordinary care, the petitioner was thrown to the ground, and his foot was caught and mangled by the under portion of the rocket ride, presumably between the wheel and track, all of which was no fault of the petitioner's who was at the time exercising ordinary care and diligence in pursuance of his occupation; that the petitioner suffered injuries, the nature and extent of which were described; that some of the injuries were permanent and that as a result thereof he has...
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