80 Ga. 145 | Ga. | 1887
Coffey brought his suit against the Atlanta Cotton-Seed Oil Mills,for damages. The jury found in favor of the plaintiff, and a motion was made for a new trial and was
It appears, from the record in this case, that the defendant in the court below had given to the Orphans’ Home a quantity of cotton-seed hulls, to be used as a fertilizer. The manager of the Orphans’ Home employed Coffey to haul the hulls from the mill to the farm belonging to the Orphans’ Home. It appears also that the defendant had sold at divers times to other persons quantities of these hulls, and that they had hauled them away from the mill. Coffey applied to the superintendent for permission to remove the hulls, and the permission was granted. There was a private way from the public road over the land of the defendant by which Coffey and others approached the mill. In a few feet from the mill house there was a ditch over which there was a small bridge. Near this bridge, and between it and the mill, was a mud-hole. • Coffey’s . team had made one trip on the morning on which it was •alleged his horse was injured. In making the second trip? the horse stepped into the mud and immediately showed signs of pain. He was unhitched from the wagon and carried to a blacksmith, who examined his feet and discovered above the hoofs of two of his feet something like a scald or burn. On washing the feet, the water when applied produced something like the lather of soap. The record further discloses that, for the purpose of refining the oil, caustic soda was used; and the testimony showed that caustic soda, when dissolved in water, would burn animal flesh. There was no evidence going to show how the caustic soda got out of the mill-house into the mud; but there is no doubt, from the evidence in the case, that the horse’s hoofs and ankles were severely burned by this caustic soda, and that he died from the effect of the burns. This, in substance, was the evidence upon the trial of the case.
In this case, the evidence discloses the fact that it was •a custom of this mill to sell these hulls, but in this particular instance the hulls were given .to the manager of the , Olmhans’ Home, and he was invited to haul them away, an asent .Coffey .to perform the work. It was therefore in'nca'&fbent on :'the defendant, according to the rule above stated, to see that the approach to the mill was reasonably safe for the persons whom he had invited to-come thereto. He knew .the danger of the substance that he used in and
This case does not depend so much upon the doctrine of keeping roads in repair and reasonably safe, as it does upon another principle of law. As said before, this was a dangerous chemical used in and about this mill. The danger of it was known to the proprietors. It was the same as if they had had some dangerous animal confined on their premises. If they had had such a dangerous animal, and it had escaped and injured persons whom they had invited to the mill, they certainly would have been liable, unless they had shown that they had exercised reasonable care in keeping the animal. If they could show this, of course they would not be liable. Analogizing the dangerous chemical to a dangerous animal, they ought to have shown that they exercised ordinary care to prevent this dangerous chemical from getting from the house into the mud and becoming dissolved with it. It appears from the record, as said before, that they did not show or attempt to account for the way the chemical got from the house into the mud. It is true the superintendent and the president testified to the ordinary way of sweeping it up and putting it into the retort after it was broken into fragments, but no servants or employés were introduced as witnesses to testify as to whether it came from the house or not, and if it did, in what manner it got from the house, whether by their negligence or the acts of others not connected with the mill. We think, therefore, that (he court was right in giving the charges complained of in the motion for a new trial.
Judgment affirmed, with direction.