111 Ga. 460 | Ga. | 1900
The bill of exceptions alleges error in sustaining a general demurrer to the plaintiff’s petition, the substance of which appears in the official report. Assuming as true the plaintiff’s allegations, we agree with the trial judge that she did not set forth a cause of action. It affirmatively appears that it was her duty to feed the machine by which she was injured, and it is a legitimate inference that it was also incumbent upon her to inform the superintendent that this ma
As to so much of the petition as claims damages because the “defendant negligently allowed petitioner’s hand and wrist to remain between said roller and bar,” or because of the defendant’s “ negligently failing . . to effect her release,” we do not think a good cause of action is set forth. When an employee, without fault on the master’s part, becomes placed in a dangerous or painful situation, the master is under no positive legal duty of exercising all reasonable care and diligence to effect such employee’s speedy release. Being in no way responsible for the unfortunate occurrence, the master can not be said to
Judgment affirmed.