81 Ga. 136 | Ga. | 1888
We think the case is much like that of a farmer sending his hired man to plough for a neighbor a few days. If the neighbor’s field is not safe, has sink-holes in it, for instance, or the plough is not adapted to the soil, and from one or both of these causes the hired man is injured, his employer, it seems to us, would not be to blame and would not be responsible, unless he knew the facts which exposed his servant to unusual peril, and concealed his knowledge or failed to communicate it.
The court did not err in sustaining the demurrer to the declaration, there being no cause of action set forth as against the defendant. "What redress might be obtained from the other company is not now for consideration. It seems that question has been referred to another tribunal.
Judgment affirmed.