Terry Shipbldg. Corp. v. O'dell, (No. 11596.)
| Decision Date | 23 December 1920 |
| Docket Number | (No. 11596.) |
| Citation | 26 Ga.App. 102,105 S.E. 864 |
| Parties | TERRY SHIPBUILDING CORPORATION. v. O'DELL. |
| Court | Georgia Court of Appeals |
Rehearing Denied Jan. 10, 1921.
(Syllabus by Editorial Staff.)
Error from Superior Court, Chatham County; P. W. Meldrim, Judge.
Action by R. D. O'Dell against the Terry Shipbuilding Corporation. Judgment for plaintiff, and defendant brings error. Affirmed.
The petition as amended alleged that petitioner was employed by defendant as the foreman of a gang of 12 or 15 men, and that on July 24, 1917, petitioner was working under a superior officer of defendant while engaged in hoisting a derrick to an upright position and for the purpose of assisting in raising the derrick (32 feet high, with 12-foot base and 2 1/2-foot top) to an upright position, petitioner ordered two of his men, D. M. Stanley and R. L. Carter, to stand at each corner of the base of the derrick, in order that as the derrick was raised from the ground the base thereof might not kick up and injure petitioner or any other employee of the company, but that the superior officer of defendant ordered away the men stationed at the base of the derrick to another pointabout the derrick, whereby the derrick kicked up and fell on petitioner. The petition also alleged that "petitioner's duties required that he should assist manually in instructing and demonstrating how the men should 'walk up' the derrick, " and that the time elapsing between the time the superior officer ordered the men away from the base of the derrick and the time it fell was the time necessary for Stanley to walk about 40 feet, and that petitioner does not know, but believes, that at the time the men were ordered away he was under the derrick, assisting and instructing the men in raising the same, and that at time derrick fell he was within 15 feet of base of derrick, facing same, and that he could not see the men had been removed, because of the crosspieces of the derrick, composed of timbers 2 inches thick and 10 inches wide, and because of the X-braces between each of said crosspieces, which were in the derrick every 5 feet, and the X-braces were between each pair of crosspieces, and that plaintiff was in the exercise of due care.
The petition alleged, as to the injuries sustained, that petitioner's entire person was bruised and injured, two ribs in his right side were broken, and the lower part of his back and spinal column were bruised and injured, his left hip was injured, his right hip and the pelvic bones were injured, and the sacral portion articulating with the ilium was wrenched and twisted, so that there is now an impingement on the fifth anterior sacral nerve in the left side, which...
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