134 Ga. 641 | Ga. | 1910
The gist of the plaintiff’s allegations may be stated as follows: With other servants of the master, he'was engaged in pulling down, by means of a rope, a tree which was being felled. The tree was to he so pulled as to fall within a space of about 80 feet between the wires of the defendant company on the one side and a railroad track on the other. The work was under the charge and direction of one who was a general foreman over several gangs, and another employee who’ was immediate foreman over the gang in which the plaintiff worked. Usually six men pulled the rope; hut at the time of the injury for which suit is brought, only four had hold thereof, two of them being the foremen above referred to. The tree in falling struck and injured the plaintiff-. He claims the company is liable to him in damages, because it was negligent in not warning him when it began to fall and in which direction it was falling, which he alleges it was the duty of the foremen in charge -of the work tó do, and their failure to do so was the sole cause of bis injury, he being free from fault. He alleges that the immediate foreman was the alter ego of the company, and that he had a right to rely and did rely on receiving warning fróni him, or the other foreman, or the master, or some one by them provided for that purpose, when the tree began to fall and in what direction it was falling in time for him to escape injury, for which reason and the fact that he was engaged in pulling on the rope he did not discover that the tree was falling until it was half-way down. The allegations above stated are amplified, but it is unnecessary to state them more in detail, as the plaintiff’s right to recover'depends upon whether the facts above set forth give him a cause of action.
A servant assumes the ordinary risks of his employment, whether or not such employment he of a dangerous character. One who is pulling on a rope fastened to a tree being felled in an open space.
Judgment affirmed.