24 Ga. App. 739 | Ga. Ct. App. | 1920
1. A servant is bound to obey a command, when given as such by the master, if it pertains to the duties of the servant’s employment and does not involve a violation of the law, and if the act required is not one which is of itself so obviously dangerous that no person of ordinary prudence could be expected to perform it. If, under the circumstances existing at the time of its issuance, the giving of such an order constitutes negligence, but the servant, acting under the duty and obligation thus resting upon him,, proceeds to execute the command, and is injured as a consequence, the master is liable in damages for the injuries so sustained. Whiters v. Mallory Steamship Co., 23 Ga. App. (97 S. E. 453), and cit. And while ordinarily the law reads into contracts of employment an agreement on the servant’s part to assume the known risks of the employment, so far as’he has the capacity to realize and comprehend them, yet this implication may be abrogated by an express or implied contract to the contrary. Thus, if the servant complains to the master that the instrumentality with
Judgment affirmed.