116 Ga. 695 | Ga. | 1902
This was a suit against a mining company for damages on account of personal injuries alleged to have been sustained by the plaintiff while working as a miner in the employment of the defendant in a tunnel belonging to it. The petition alleged that, by reason of the negligent failure of the defendant to provide sufficient braces to support the roof of the tunnel, a quantity of clay fell from the roof and struck the plaintiff, causing the injuries described and on account of which suit was brought. It also alleged that, by reason of his inexperience as a miner, the plaintiff did not know what was necessary to render the tunnel safe, and could not, in the exercise of ordinary diligence, have prevented the injuries which he received. The defendant in its answer denied that it had been negligent or that the plaintiff was as seriously injured as he claimed, and averred that, if he was injured, it was through the negligence of a fellow-servant and was caused by his voluntary exposure to the dangers incident to the business in which he was engaged, and that he was duly warned of the danger by his fellow-servants and by the agents of the defendant. It also answered that, on a named day and for a named consideration, the plaintiff had released the defendant from all liability on account of his injury. The evidence on most of the points in issue was more or less conflicting, but was sufficient to support a verdict for the plaintiff. The jury found for the plaintiff $900 damages, and the defendant made a motion for a new trial, which was overruled. To the overruling of its motion, and to the refusal of the court below to grant a nonsuit, the defendant excepted.
1. One. ground of exception is that the court below erred in over
The foregoing is a substantial statement of the facts shown by the evidence for the plaintiff on the question as to how he was injured. The declaration alleged that the injury was due to no fault or negligence of the plaintiff, but was solely due to the negligence of the company in its failure to provide sufficient braces to support the roof of the tunnel, that only eight or nine feet of the tunnel from the entrance was so protected, and that the remainder was left fully exposed and liable to cave in. The petition further alleged that the plaintiff was inexperienced and unfamiliar with mining under ground, and did not know what was necessary to render the tunnel safe, and that by reason of the suddenness of the falling of the earth he was unable to avoid the injuries which he received. Inasmuch as the evidence for the plaintiff, as will have been seen, fully sustained the allegations of his petition, there was manifestly no error in refusing to grant a nonsuit.
2. A master is bound to provide his servant a safe place in which to work; and if by reason of his failure to do so the servant is injured, the master is liable to him in damages, even though such injuries may have been contributed to by the negligence of a fellow-servant. If there are dangers incident to an employment which are unknown to the servant, of which the master knows or ought to know, the master must give the servant warning in respect thereto. In the present case the evidence authorized the jury to find that the place in which the plaintiff was put to work was a dangerous one, by reason of the negligent failure of the defendant to support the roof of the tunnel with braces so as to prevent the falling of overhead dirt. It was shown that, from the peculiar character of the clay through which this tunnel was constructed, such failure rendered work in it at the place where the plaintiff was injured exceedingly dangerous, and that the danger was not apparent to an inexperienced man. In the case of City Council v. Owens, 111 Ga. 464, which was somewhat similar to the present case, this court upheld an instruction given to the jury in the following language: “It was the duty of the defendant to furnish a reasonably safe place for this man to work. It was the right of the plaintiff to assume that the place was safe when he was directed to go to it.” To the same effect is the able opinion of Pre
3. The motion for a new trial complains that the court below erred in refusing a written request to give in charge to the jury the following: “A paper dated June 27th, 1899, signed by the plaintiff, has been introduced in evidence. If that paper was signed by the plaintiff for the purpose of deceiving the defendant as to the conduct of Monahan, the defendant’s servant in charge of the works, then the plaintiff would be bound by the statements in said paper, whether such statements were true or not.” The paper referred to in this request was as follows: “Rome, Georgia, June 27, 1899. I hereby exonerate the Southern Bauxite M. &M. Company from any carelessness or negligence, and in no wise hold them responsible for injuries received by me in the tunnel while in their employ. R. 0. Fuller. -Witness, D. E. Monahan, M. B.Watts.” It appeared from the evidence that this paper was presented to Fuller for his signature while he was confined to his bed from the injuries on account of which he sued. It was brought to his house by Monahan and Watts, both employees of the defendant, and the signing of it by Fuller was entirely without consideration. Fuller testified that he signed the paper without knowing its contents, and did so merely as an accommodation to Monahan, who told him that the paper merely contained an admission from him which would acquit him (Monahan) from negligence and enable him to retain his position with the defendant company, and, at the time of signing the paper, the plaintiff was assured by both
4. On most of the material questions iti issue on the trial in the court below the evidence was in conflict. The issues between the parties were fairly submitted to the jury. There was ample evidence to support their finding, and it does not appear that the court below erred in overruling the motion for a new trial.
Judgment a-ffirmed.