113 Ga. App. 778 | Ga. Ct. App. | 1966
1. With respect to actions arising under the Federal Employers’ Liability Act (45 USC § 51 et seq.), the majority of the Supreme Court of the United States has made it plain that what constitutes negligence for purposes of
Insofar as the petition here discloses, the defect in the “puller” which the plaintiff on the employer’s orders was operating and which caused plaintiff’s injuries was a latent defect. In discussing an injury arising from a latent defect in machinery, Judge Powell wrote, “The master, in employing his servant and in putting him to work at this machine, by implication of law warranted to him that the machine contained no latent defect undisclosed so far as the master knew or by reasonable care
Certainly, the petition in this case, when viewed in the light of Judge Powell’s statements coupled with the Supreme Court’s announced test of negligence, states a cause of action under the Federal Employers’ Liability Act.
The trial court did not err in overruling the defendant’s general demurrer.
2. The trial court did not err in overruling the defendant’s original and renewed special demurrers numbered 1, 2, 3, 4, 5, 6, 7, 8, 9,10,12,13,18,19 and 20.
Judgment affirmed.