129 Ga. 688 | Ga. | 1907
This is an action by Anna Drucilla Adams against Bowen-Jewell Company, to recover damages for the negligent killing of the plaintiff’s minor daughter, who at the time of her death was an employee of defendants. The material parts of the petition relied on as showing that the death of plaintiff’s daughter was occasioned by the defendants’ negligence may be briefly summarized as follows: The defendants operated a bag factory, and the plaintiff’s daughter, aged sixteen, in good health and of average intelligence, was employed in the printing and press room of defendant’s factory. Tn this room were three printing machines. The particular machine at which plaintiff’s daughter worked was what is known as a single printing machine, of old pattern, a second-hand machine, and unlike the other two machines, which were of modern type. The duties of the employee were to feed the single machine, and to clean it when ordered by the defendant’s foreman. One Zimmerman was employed by the defendants to act as “vice-principal or quasi master” over the defendants’ servants 'working in the printing room. On the day of the catastrophe Zimmerman stated to the employees of defendants in the printing room that he had filled all orders on hand, and directed the employees to clean the printing machines underneath. It was Zimmerman’s duty to throw off the main belt that ran from the main shafting to the shafting that was connected to the printing machines, which duty he failed to perform at the time of giving the .command to clean the machines. Instead of throwing off the main belt, he pulled a lever that threw' the minor belt from the machine-where the employee worked to a
An oral motion was made to dismiss the petition, because the defendants were not liable in damages for the death of the plaintiff’s daughter, occurring in the manner therein alleged. The court refused to dismiss the petition, and this is assigned as error.
Judgment affirmed.