Studevant v. Blue Springs Lumber Co

• Decision Date: 04 August 1915
• Docket Number: (No. 6165.)
• Citation: Studevant v. Blue Springs Lumber Co, 85 S.E. 977, 16 Ga.App. 668 (Ga. App. 1915)
• Parties: STUDEVANT. v. BLUE SPRINGS LUMBER CO.
• Court: Georgia Court of Appeals

85 S.E. 977

16 Ga.App. 668

STUDEVANT.

v.BLUE SPRINGS LUMBER CO.

(No. 6165.)

Court of Appeals of Georgia.

Aug. 4, 1915.

(Syllabus by the Court.)

1. Injury to Employe.

The injury sued for occurred because the alleged superintendent of the defendant company, without warning to the plaintiff, pressed down upon a certain moving belt with an iron rod, at the exact time the plaintiff was in the act of replacing that belt on a pulley.

(a) It is apparent, from the allegation in the petition that the belt "had previously slipped from said pulley and had been replaced without the use of said rod and without injury to any one, " that the proximate cause was not the failure of the defendant to have tho belt properly adjusted or to inspect it, but was the negligence of the alleged superintendent in attempting to use the iron rod.

4. Demurrer to Amended Petition.

The court did not err in sustaining the demurrer to the petition as amended.

Error from City Court of Quitman; Wm. H. Long, Judge.

Action between Grady Studevant and the Blue Springs Lumber Company. From a

judgment, plaintiff, Studevant, brings error. Affirmed.

O. M. Smith, of Valdosta, for plaintiff in error.

Branch & Snow, of Quitman, for defendant in error.

WADE, J....