DeLay v. S. Ry. Co., 42 S.E. 218 (Ga. 1902). · Go Syfert
Search
DeLay v. S. Ry. Co., 42 S.E. 218 (Ga. 1902). Cases Citing This Book View Copy Cite
6 citation events across 3 distinct courts.
Retrieving the full opinion text from the archive…
DeLay
v.
Southern Railway Company
Supreme Court of Georgia.
Jul 19, 1902.
42 S.E. 218
Green & McKinney, for plaintiff., Dorsey, Brewster & Howell and Sanders McDaniel, for defendant.
Itsh.
Cited by 6 opinions  |  Published
ITsh, J.

Though there was evidence showing that the plaintiff was injured by reason of a defect in the implement furnished him with which-to work by his-master, the defendant, yet as it did not appear that the latter either knew, or in tile exercise of ordinary care and diligence ought to have known, of such defect, and did appear from the plaintiff’s own testimony that he had equal means with the master of ascertaining the existence of the - defect, the judgment of nonsuit was right. Civil Code, §§ 2611, 2612.

Judgment affirmed.

All the Justices concurring, except Lewis, J., absent.