121 Ga. 421 | Ga. | 1904
As will have been observed, the most striking feature of the plaintiff’s petition is the numerous charges of negligence preferred against the defendants. Many of these complaints are so obviously without merit that they may be summarily disposed of, in view of the fact that the plaintiff was not an employee of tender years, but “a skillful and competent mechanic, 23 years of age.” He asserts that he was employed to run the matcher; that the
The plaintiff alleges that, “no means being furnished by defendants to put it on the pulley, he used a file.” He does not aver that they furnished him this file for that purpose. Being himself a skilled mechanic, he assumed the risk of undertaking to supply their omission to furnish him. with the proper means of accomplishing this task. He did not call on them to furnish him with the proper means, but used a file, not knowing it was hazardous to do so. Why he did not know, he does not undertake to explain; nor does he attempt to show liability on the part of the defendants on the ground that they, knowing the file to be unsafe and unfit for such a use, were bound to anticipate that he might attempt to so employ the instrument and to warn him not to do so. We do not understand that a file is made for any such use or holds out any invitation beyond that which its name implies. It would take very exact and elaborate pleading indeed to state a case such as that just suggested, where the person injured was an expert workman. The gravamen of the plaintiff’s charge of negligence is that “defendants neglected to provide any safe means to put on said belt after it run off, and nothing at all except said file.” He not does say the file was provided for the purpose for which he used it, but merely that there was not “ any other means at hand for use in such emergency.” Read in the light of the facts positively stated and the plaintiff’s assertion that, “no means being furnished by defendants to put [the belt] on the pulley, he used a file,” his further allegation that “ said file was unfit and unsafe for the use thus intended by defendants in putting on said belt ” is not the equivalent of an unqualified averment that the defendants in fact furnished him with the file to be used for that purpose. Considered as an allegation that they contemplated that he should use the file as he did, notwithstanding they knew it was unfit and unsafe for the purpose, this allega
Judgment affirmed.