68 Ga. 384 | Ga. | 1882
That being the last adjudication of the law applicable in South Carolina, where this injury occurred, is the rule of law governing the facts here, and eliciting out of those facts the rights of these parties. It is there decided that a recovery may be had if the injury “ resulted from defective instruments or machinery with which the employé is furnished to do his work.” And in that case the court further held that “the liability of the employer for defective machinery does not depend on the fact that the defects are latent and unknown, but it depends on the question of proper care in selecting this machinery, and in keeping it in repair; ” and in summing up and laying down the rule of law, the court further- decides that, “ the rule of law is the one adopted — a medium line which holds the employer responsible for that part of the work, which falls to him either personally or through his agent, i. e., the proper selection and superintendence both of his operatives and his machinery. He is a guarantor that all reasonable and proper care shall be exercised in the performance of these duties, and his liability should be limited to a failure to meet his obligations in this respect.”
Squaring this case by this rule of law, the question is, was the plaintiff in error hurt by the charge of the court?
This charge of Judge Hillyer certainly does not approach the rule laid down by the South Carolina court in the case of Gunter vs. The Grániteville Manufacturing Company in extent and compass against the employer, and the plaintiff in error, the employer here, has not been injured thereby, and therefore it cannot complain. For, under the rule laid down in that case, if this machinery was defective — and the ladder by which it is the servant’s duty to ascend the car is part of the machinery of the train- — then, it being the duty of the employer to select and superintend it — he being a guarantor of its having been properly inspected and súperiñtended — then the em.' ployé could recover, if without fault himself. It is clear,
Judgment affirmed.
Cited for plaintiff in error: 50 Ga., 251: 49 Ib., 107; 15 Ib. 349; 30 Ib., 146; 62 Ib., 241; 64 Ib., 696; Story’s Confl. Laws (6th ed.) 307; Pierce on Railroads, p. 360; 15 Rich, 201; Pierce on Railroads, p. 361, 365; 100 U. S. R., 214; Pierce, 371, 373; Wood Mas. and Svt. 766, 770, 784, 786, 788, 800, 801, 802, 811, 821, 825, 693, 744; 46 Mo., 16; 2 Am., 477; 20 Md., 212; 25 Ib , 462; Perry vs., Cent. R. R. Co., 66 Ga., 746.
For defendant: Hutch. on Carriers, 143-4; 45 N. Y., 103; 1 McMullan, S. C., R., 385; 15 Rich., 201; 8 Rich., 173; Gunter vs. Graniteville Man. Co., S. C. case not yet reported; 10 Peters, 18; 10 Otto, 226, 221-2, 213, 218, 219; 93 Ill., 302; 2 Thomp. on Neg., 981, 984; Cooley on Torts. 557, 561; 2 S. L. R., 123; Wood on Mas. and Svt., 687, 781; Add. on Torts., 603, note 1; Wharton on Neg., 212, 232; 73 N.Y., 38; 8 All. 441; 53 N.Y., 549; 80 N.Y., 46; 29 Ark., 97; 110 Mass., 240; 46 Mo., 163, 59 Ib., 495; 55 Ill. 492; 53 Iowa, 595; 3 H. and C. 511; 16 Q. B., 332; Pierce on R. R., 379; 10 Gray, 274; 34 N. J. L., 151; 30 Ga., 146; 1 Ib., 195; 30 Ib., 151; 48 Ib., 569; 51 Ib., 583, 644; 58 Ib., 107.