82 Ga. 76 | Ga. | 1888
Frances E. Allen brought suit against the Augusta Factory, making the following allegations : William C. Allen, her husband, a machinist by trade, forty-four years of age, in good health and of strong constitution, and whose services were worth three and a half dollars per day, was employed by the defendant as master-machinist, and was under the superintendence and control and subject to the orders of Francis Cogin, defendant’s
To the declaration defendant filed a general demurrer at the appearance term, suggesting that the matters alleged were not sufficient in law. The demurrer was sustained, and the plaintiff excepted.
Nowhere is it alleged that the master-machinist was any less fully informed of the condition of the building, or of the facts which rendered it insecure in time of fire, than was the defendant. It does not appear that his employment was recent, or that the previous fires which had weakened the walls occurred before his connection with the establishment. Eor aught that is alleged, it might be that some of the machinery over which he had supervision was in or connected with the
Tbe allegation that tbe deceased was without fault, is too general and too much in tbe nature of a legal conclusion to serve as a substitute for tbe proper allegation of bis want of knowledge. If be was ignorant, that was a specific fact upon which issue could be taken ; and if it was true, there could be no good reason why it was not alleged. The omission to allege it is better accounted for on tbe theory that it did not exist than on
The court did not err in sustaining the demurrer to the declaration.
Judgment affirmed.